There are 9 principles of data protection which are the personal data shall be collected fairly and lawfully, Purpose of collection of personal data, Use of personal data, Disclosure of personal data, Accuracy of personal data, Duration of retention of personal data, Access to and correction of personal data, Security of personal data, Information to be generally available.
Let me share an article. This article is about the website’s privacy policy that is very important. Do not copy privacy policy from other websites, it may be not correct when it comes to the new site using the policy, and when it comes to privacy policies, inaccuracy can be expensive. If you have to copy, be careful. Don’t forget that your privacy policy has to remain accurate over time. There are also organizations like TRUSTe and P3PWiz that offer templates and consulting to help with policies.
Source: http://www.businessweek.com/smallbiz/running_small_business/archives/2009/08/why_web_site_pr.html
Saturday, November 28, 2009
Monday, November 23, 2009
Bill to address concerns over personal information
The people’s concerns over how their personal data are processed and stored during commercial transactions will be addressed in a new Bill, which was tabled in Parliament.
We need Data Protection Regulation to protect ourselves. The Data Protection Regulation is very important to us. Firstly, if there is no regulation about Data Protection, Consumers can suffer financial loss. Secondly, there must be a regulation that guarantees to prevent miss-use of technology. Lastly, if there is no DPR, we will feel unsafe to do some activities.
We have rights to give or not to give our personal data. We do not want anyone miss-use our personal data to do activities that can disturb our privacy. Increasing losses of privacy will inevitably lead to corresponding losses of personal freedoms.
The Bill seeks to prevent the occurrences of people losing their money through credit card fraud, customer-privacy infringements and data theft.
Reference: http://thestar.com.my/news/story.asp?file=/2009/11/20/parliament/5149736&sec=parliament
Thursday, November 19, 2009
Tutorial exercise
Don, 25, has been operating a canteen in the campus of Multilevel University Cyberjaya for three years. One day he came to see you to obtain advice on his problem. You are supposed to advise him based on the law of contract that you have learned.
Don agreed with Mamat and Lim, student leaders in the Uiversity, to supply breakfast every day to their hostel room during last semester, and that the payment would be made at the end of the semester. However, the two students now refused to pay and said that the contract was not enforceable. Don found out lately that Mamat was once admitted to mental hospital few years back for some treatment, and Lim was 17during the agreement term. Don asked you if he can enforce the contract against them.
This is our tutorial exercise NO.2. I have some doubts of this question. There are two legal issues in this question. First, Lim was 17, according to Section 11 of the Contract Act that a contract entered by a minor is void unless it is for necessities, scholarship and insurance. Lim promises to supply breakfast every day. Food is a necessity. So, this can be a valid contract. Second, According to Section 11 of the Contract Act, the contract is not competent due to Mamat was once admitted to mental hospital few years back for some treatment, but she is student leader now that means she is fine. So, the contract be valid.
I have a doubt of second issue. Mamat is a student leader in University now; does this mean she is fine? Maybe, she is fine in most of times, and she also has mental problem that nobody finds it out. How can we identify mental problem, is there a standard for mental problem. Once patient leave hospital, does this mean the patient is fine. She/he will probably have mental problem again. I think that people who has mental problem is very dangerous to society.
Don agreed with Mamat and Lim, student leaders in the Uiversity, to supply breakfast every day to their hostel room during last semester, and that the payment would be made at the end of the semester. However, the two students now refused to pay and said that the contract was not enforceable. Don found out lately that Mamat was once admitted to mental hospital few years back for some treatment, and Lim was 17during the agreement term. Don asked you if he can enforce the contract against them.
This is our tutorial exercise NO.2. I have some doubts of this question. There are two legal issues in this question. First, Lim was 17, according to Section 11 of the Contract Act that a contract entered by a minor is void unless it is for necessities, scholarship and insurance. Lim promises to supply breakfast every day. Food is a necessity. So, this can be a valid contract. Second, According to Section 11 of the Contract Act, the contract is not competent due to Mamat was once admitted to mental hospital few years back for some treatment, but she is student leader now that means she is fine. So, the contract be valid.
I have a doubt of second issue. Mamat is a student leader in University now; does this mean she is fine? Maybe, she is fine in most of times, and she also has mental problem that nobody finds it out. How can we identify mental problem, is there a standard for mental problem. Once patient leave hospital, does this mean the patient is fine. She/he will probably have mental problem again. I think that people who has mental problem is very dangerous to society.
Saturday, November 14, 2009
some doubts
I have some doubts of contract.
1) What is different between voidable and invalid?
I think invalid means not based on all the facts, and therefore not correct and voidable have almost same meaning which is capable of being made or adjudged void. I am not really known that what is actually different between them.
Free consent is another essential of a valid contract. Consent means that the parties must have agreed upon the same sense. For a valid contract it is necessary that the consent of parties to the contract must be free. Free consent is said to be missing due to existence of five factors which are fraud, misrepresentation, coercion, undue influence, and mistake. If contracts are entered into by any of these factors, they will become voidable.
2) I am very confused of fraud. Mr. Sonny Zulhuda told us a example of fraud during class, I am very confused with something about delay, something like if you did not do anything the contract will be valid (I am sorry that I cannot remember details of that example), I am very confused with fraud.
1) What is different between voidable and invalid?
I think invalid means not based on all the facts, and therefore not correct and voidable have almost same meaning which is capable of being made or adjudged void. I am not really known that what is actually different between them.
Free consent is another essential of a valid contract. Consent means that the parties must have agreed upon the same sense. For a valid contract it is necessary that the consent of parties to the contract must be free. Free consent is said to be missing due to existence of five factors which are fraud, misrepresentation, coercion, undue influence, and mistake. If contracts are entered into by any of these factors, they will become voidable.
2) I am very confused of fraud. Mr. Sonny Zulhuda told us a example of fraud during class, I am very confused with something about delay, something like if you did not do anything the contract will be valid (I am sorry that I cannot remember details of that example), I am very confused with fraud.
my experience of online shopping
Nowadays，Retailers, suppliers, manufacturers and consumers are all electronically linked.
E-Commerce is using electronic information based systems to engage in transactions or commerce online. This includes automating purchasing through Web sites.
There is more and more online transactions, the e-commerce law will be more important and needed to consummate.
I am going to tell one of my online shopping experiences. Maybe 6 years ago, I wanted to buy a bag online in China’s website. At that time, I did not have credit card or online banking card, so I need to pay money by post-office. I posted my money to online seller, I was waiting for some days, the seller still did not mail bag to me, then I sent message to him, he did not replay me. At the end, I paid money without receiving my bag. I think there are few laws about e-commerce during that time, and I have less knowledge of laws, so I did not do anything to the seller.
There is big change of online shopping in China. My experience will not happen again. The online shopping website has intermediary between seller and buyer. Buyer pay money to intermediary, seller can know buyer already paid money, and then seller will mail goods to buyer. After buyer confirms to receive goods (the buyer needed to confirm in 7 days, after 7 days the money will transfer to buyer’s account automatically), the seller can receive money. Those systems and e-commerce law enforce safety of online shopping.
There is ELECTRONIC COMMERCE ACT 2006 of Malaysia. It will make online transaction to work better.
E-Commerce is using electronic information based systems to engage in transactions or commerce online. This includes automating purchasing through Web sites.
There is more and more online transactions, the e-commerce law will be more important and needed to consummate.
I am going to tell one of my online shopping experiences. Maybe 6 years ago, I wanted to buy a bag online in China’s website. At that time, I did not have credit card or online banking card, so I need to pay money by post-office. I posted my money to online seller, I was waiting for some days, the seller still did not mail bag to me, then I sent message to him, he did not replay me. At the end, I paid money without receiving my bag. I think there are few laws about e-commerce during that time, and I have less knowledge of laws, so I did not do anything to the seller.
There is big change of online shopping in China. My experience will not happen again. The online shopping website has intermediary between seller and buyer. Buyer pay money to intermediary, seller can know buyer already paid money, and then seller will mail goods to buyer. After buyer confirms to receive goods (the buyer needed to confirm in 7 days, after 7 days the money will transfer to buyer’s account automatically), the seller can receive money. Those systems and e-commerce law enforce safety of online shopping.
There is ELECTRONIC COMMERCE ACT 2006 of Malaysia. It will make online transaction to work better.
Sunday, November 8, 2009
Trader charged with maid’s killing
A trader was charged at a magistrate’s court here with the murder of Indonesian maid Muntik Bani, who died after being allegedly abused.Muntik, 36, died in the intensive care unit of the Tengku Ampuan Rahimah Hospital at 10am on Monday, about a week after being rescued from the house.
She had a wound on her leg, and bruises on her arms and face.
Police rescued her from a toilet in the house after a tip-off. She succumbed to her injuries despite being treated by specialists.
Murugan surrendered himself to the police on the second day Muntik was rescued, and was supposed to be remanded till Nov 4.
A. Murugan, 35, was alleged to have committed the offence between Oct 18 and 20 at No 11, Jalan Dato Yusof Shahbudin 6, Taman Sentosa here.
He remained calm when the charge was read to him in Tamil. No plea was recorded.
Deputy Public Prosecutor Manoj Kurup applied for an early mention date and for the case to be transferred to the Shah Alam High Court.
Magistrate Afifah Mamat @ Yusof allowed the case to be transferred and set Nov 3 for mention in the High Court.
He was charged under Section 302 of the Penal Code. If convicted, he faces the mandatory death sentence.
A number of laws in Malaysia carry a mandatory death penalty. These include murder under section 302 of the Penal Code (F.M.S. Cap 45), section 57 of the Internal Security Act 1960 for possession of a firearm or part of a firearm and section 39B (2) of the Dangerous Drugs Act 1952 for possession of proscribed drugs above a certain specified quantity i.e. 15 grammes for heroin and 200 grammes for cannabis.
In my opinion, we need death penalty for murder, possession of drugs, possession of a firearm, even though death penalty is inhumane. We need death penalty to create social cohesion, or harmony throughout all people.
Stepmum abused us, says boy
A nine-year-old boy, who was admitted to the Tengku Ampuan Afzan Hospital along with his 11-year-old sister with bruises and bite marks, claims their stepmother abused them.
According to state deputy CID chief Supt Nordin Mustapha, a neighbour lodged a report after the boy, who lives in a village along Jalan Gambang here, complained of pain following beatings from the stepmother at about 2pm on Thursday.
“The neighbour claimed he had often heard cries from the children and the boy had prior to this told the neighbour about the stepmother’s conduct.
“This was said to have been going on for four years. The neighbour, however, only listened to the boy without doing anything until the boy complained again that he could not take any more abuse,” Supt Nordin said yesterday.
Police had arrested the woman and her 35-year-old husband, who works at a fertiliser factory.
Two children are abused by their stepmother, this is legal issue.
Currently, under the Child Act, offenders can be sentenced to a maximum of two years’ jail or fined RM5,000, or both, if convicted.
In Kuala Lumpur, Wanita Gerakan said it supported the proposal by Women, Family and Community Development Minister Datuk Shahrizat Abdul Jalil that harsher penalties be imposed on child abusers.
The two children will be handed over to the welfare department after they are discharged from hospital.
The children’s father should be responsible in the story. He should find a kind woman to be children’s stepmother. The children have no power to protect themselves, the society and government should pay more attention to children.
According to state deputy CID chief Supt Nordin Mustapha, a neighbour lodged a report after the boy, who lives in a village along Jalan Gambang here, complained of pain following beatings from the stepmother at about 2pm on Thursday.
“The neighbour claimed he had often heard cries from the children and the boy had prior to this told the neighbour about the stepmother’s conduct.
“This was said to have been going on for four years. The neighbour, however, only listened to the boy without doing anything until the boy complained again that he could not take any more abuse,” Supt Nordin said yesterday.
Police had arrested the woman and her 35-year-old husband, who works at a fertiliser factory.
Two children are abused by their stepmother, this is legal issue.
Currently, under the Child Act, offenders can be sentenced to a maximum of two years’ jail or fined RM5,000, or both, if convicted.
In Kuala Lumpur, Wanita Gerakan said it supported the proposal by Women, Family and Community Development Minister Datuk Shahrizat Abdul Jalil that harsher penalties be imposed on child abusers.
The two children will be handed over to the welfare department after they are discharged from hospital.
The children’s father should be responsible in the story. He should find a kind woman to be children’s stepmother. The children have no power to protect themselves, the society and government should pay more attention to children.
Sunday, November 1, 2009
The reason we have laws in society
The reason we have laws in society is to keep general order to our everyday living. Laws are generally based on a set of ethics accepted by society, so that if somebody does something society considers morally wrong, it is generally lawfully wrong also. This person would then be punished in some way or another in order to teach them a lesson and set an example to other people which have intentions on doing the same thing. The basic aim of having laws is in order to create social cohesion, or harmony throughout all people.
The law plays many functions such as peacekeeping; checking government power and promoting personal freedom; facilitating planning and the realization of reasonable expectations; promoting economic growth through free competition; promoting social justice; and protecting the environment
Law acts as a deterrent to control the evil and treacherous behavior of humans, to maintain discipline and imposes restrictions on some freedom. We live in a chaotic and uncertain world. Without an orderly environment based on and backed by law, the normal activities of life would be lacerated with chaos.
The law plays many functions such as peacekeeping; checking government power and promoting personal freedom; facilitating planning and the realization of reasonable expectations; promoting economic growth through free competition; promoting social justice; and protecting the environment
Law acts as a deterrent to control the evil and treacherous behavior of humans, to maintain discipline and imposes restrictions on some freedom. We live in a chaotic and uncertain world. Without an orderly environment based on and backed by law, the normal activities of life would be lacerated with chaos.
Just Follow Law
Just Follow Law is a Singapore-produced comedy film starring Fann Wong and Gurmit Singh. The lecturer showed the part of it to us in class.
The film takes a satirical look at the inflexibility of outdated governmental rules and regulations and the rigid mindsets of local civil servants who follow rules to a fault. We can do not follow some kind of outdates rules and regulations in a certain extent.
The reason we have laws in society is to keep general order to our everyday living. We have to follow the law. Law creates social cohesion or harmony throughout all people. We cannot walk through the street when traffic light is red, even though there is no car. Every citizen has to follow law in any situation.
I am very wonder about Malaysia can import laws from England. I think this is not a good way to solve problems of law in any situations. If there is no law to refer, the government can constitute new laws for certain problems. The laws of England can be referenced, but it cannot be used directly without changing. I am not local, maybe I have some misunderstanding.
The film takes a satirical look at the inflexibility of outdated governmental rules and regulations and the rigid mindsets of local civil servants who follow rules to a fault. We can do not follow some kind of outdates rules and regulations in a certain extent.
The reason we have laws in society is to keep general order to our everyday living. We have to follow the law. Law creates social cohesion or harmony throughout all people. We cannot walk through the street when traffic light is red, even though there is no car. Every citizen has to follow law in any situation.
I am very wonder about Malaysia can import laws from England. I think this is not a good way to solve problems of law in any situations. If there is no law to refer, the government can constitute new laws for certain problems. The laws of England can be referenced, but it cannot be used directly without changing. I am not local, maybe I have some misunderstanding.
Welcome to my blog!
Welcome to my blog. This blog is all about legal framework for multimedia.
I am international student in Multimedia University. I am going to learn some rules of Malaysian Legal System; I thought this is hard to learn MLS for me since I am not Malaysian at the first. However, the lecturer said this is good for international student to know the law of Malaysia for protecting yourself by using local law.
I expect the rest of lectures for knowing Malaysia and law better.
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