1. Director, Compliance Department
Consumer Rights and Protection
Personal Data Protection Workshop
9 Feb 2012
By:
Sharizan Abdul Aziz
Director, Compliance Department

2. |Malaysian Communications & Multimedia Commission|
Malaysia in Brief
MCMC in Brief
Compliance & Consumer Protection
Confidentiality Provisions under CMA

3. |Malaysian Communications & Multimedia Commission|
Malaysia In Brief
Total Area: 330,252 sq km
Population: million
(60% below 35 yrs old)
Population Density:
86 persons per sq km
Urban Population: 62%
Households: million
Economy
Gross Domestic Product (GDP): USD160 billion
GDP growth 2010: %*
Quality of Life
Per Capita Income: USD14,000
Literacy rate: 92%
Unemployment rate : 3.3%
MALAYSIA

4. |Malaysian Communications & Multimedia Commission|
Malaysia in Brief
MCMC in Brief
Compliance & Consumer Protection
Confidentiality Provisions under CMA

5. A Statutory Corporation
|Malaysian Communications & Multimedia Commission|
A Statutory Corporation
Dato’ Mohamed Sharil Tarmizi
Chairman
Established by
Communication & Multimedia Act
(CMA 98)
Effective on 1 November 1998
Dato’ Seri Utama Dr Rais Yatim Minister of Information, Communication and Culture
Operational autonomy but subject to policy directives from the Minister

6. MCMC in brief Fundamental Principles of CMA 1998 Consumer Protection
|Malaysian Communications & Multimedia Commission|
MCMC in brief
Pursuant to the :
Communications and Multimedia Act 1998 (CMA)
Postal Services Act 1991 (PSA)
Digital Signature Act 1997 (DSA)
Industry developer and regulator for the converged communications and multimedia sector which covers
Telecoms, broadcasters and ISPs
Postal and courier services
Digital certification authorities
Fundamental Principles of CMA 1998
National Policy Objectives
Transparency
Principle of Self Regulation
Technology neutrality
Consumer Protection
Main Parts under the CMA
Licensing
Economic Regulation
Technical Regulation
Consumer Protection
Social Regulation

7. Scope of Responsibility
|Malaysian Communications & Multimedia Commission|
Scope of Responsibility
Communication Multimedia Act 1998
Services includes Telecommunications,
Internet and Broadcasting
Postal Services Act 1991
Services include Postal and Courier
Digital Signature Act 1997
Certification authority for Digital Signatures 7

8. |Malaysian Communications & Multimedia Commission|
Penetration Rates
Broadband
62.3%
117.4%
Celullar
(per 100 population)
(per 100 households)
Fixed
Radio
Television
38.4%
Peninsular: 94.9%
(per 100 households)
Peninsular: 96%
Sabah & Sarawak : 88.1%
Sabah & Sarawak : 88.4%
Note: February 2012

9. |Malaysian Communications & Multimedia Commission|
Malaysia in Brief
MCMC in Brief
Compliance & Consumer Protection
Confidentiality Provisions under CMA

10. Principles of Regulation under CMA 1998
|Suruhanjaya Komunikasi & Multimedia Malaysia|
Principles of Regulation under CMA 1998
4. SOCIAL REGULATION
1.CONSUMER PROTECTION
Content Development - incentives to invest and create applications
Services promote culture, identity and value of Malaysia
High Quality Service
Easy to access
Affordable
More choices
NATIONAL INTEREST FIRST
2. ECONOMIC REGULATION
3. TECHNICAL REGULATION
Incentives to invest, innovate and contiguous to the benefits of consumer.
Incentives to encourage exports of services
Network and Service Providers - inter-operability .
Safe, reliable and integrity

11. MONITORING AND COMPLIANCE 1. QUALITY OF SERVICE
|Malaysian Communications & Multimedia Commission|
INVESTIGATION
MONITORING AND COMPLIANCE
1. QUALITY OF SERVICE
CONSUMER FORUM
2. CONSUMER ISSUES & COMPLAINTS
COMPLIANCE AND CONSUMER PROTECTION
ADUAN SKMM
3. MOBILE CONTENT SERVICES
ENFORCEMENT
4. RATE REGULATION
BANK NEGARA
5. REQUIRED APPLICATION SERVICE
PDRM
LOCAL AUTHORITIES

12. Quality of Service Assurance
|Suruhanjaya Komunikasi & Multimedia Malaysia|
Quality of Service Assurance
MANDATORY STANDARDS
Consumer Satisfaction Survey
Compliance check with mandatory standards and consumer codes
Fixed line telephone
Public payphone
Leased line
Cellular telephone
Wired broadband
Dial up internet
Broadcasting
Cellular
Postal
Broadband
Courier
Fixed line
Free tp Air TV
Digital leased line
Free to Air Radio
Pay TV
CONSUMER COMPLAINTS
CONSUMER CODES
Adequately address complaints
Deal reasonably with consumers
Guidelines on complaints handling
Providing accurate, sufficient, not misleading information
Protection personal information
Complaints handling

13. Mandatory Standard for Quality of Service
|Malaysian Communications & Multimedia Commission|
Mandatory Standard for Quality of Service
Fixed line
Public Cellular
Dail-up Internet
Public Payphone
Content Application
Digital Leased Line
Broadband Access
Ensures commitment by Service Providers
to comply to the minimum standard set
(Half yearly report submitted and Technical Testing)
Penalty of up to RM100,000 or 2 years jail sentence
(or both) for non-compliance

14. |Suruhanjaya Komunikasi & Multimedia Malaysia|
Customer Issues & Complaints
2011
The HIGHEST Complaints are on
QUALITY OF SERVICES

15. |Malaysian Communications & Multimedia Commission|
Top Complaint Categories ( Feb 2012)

16. |Malaysian Communications & Multimedia Commission|
Consumer Resolution on licensees
Section 188:
Deal reasonably with consumers
Adequately address consumer complaints
Section 195:
MCMC can use any powers under CMA 98
Resolution of complaints received in relations to
consumer service and consumer protection

17. |Malaysian Communications & Multimedia Commission|
General License conditions compulsory to all Licensees (consumer aspects)
Compliance with the Law, Legislation, instruments, guidelines and regulatory policy etc.
Compliance with Consumer Codes
Charging Mechanism are accurate and reliable in all material aspects
Compliance with special rate regulation regime

18. Client Charter on Complaint Handling - Strengthened
|Malaysian Communications & Multimedia Commission|
Client Charter on Complaint Handling - Strengthened
24 working hours (before was 3 days)
Acknowledgement of Complaint
Non Complex Complaint - 3 working days (before was 5 days)
Complex Complaint – 15 working days (maintained)
Action Taken To Resolve Complaint
Level 1:
Service Providers
Level 2: Consumer Forum Malaysia
Level 3:
MCMC
Target Achievement:
20% complaints resolved within 3 working days
90% complaints resolved within 15 working days
Apply to all licensees

19. Mobile Content Issues Faced
|Malaysian Communications & Multimedia Commission|
Mobile Content Issues Faced
User not aware it is subscription-based service
Termination request not processed
Unsolicited promo SMS
Unknowingly being charged for SMS received
Unclear & misleading advertisements
Indecent & Inappropriate language used in the advertisement /SMS promotion
Received unsolicited SMS/service
Misleading advertisement/sMS promotion

20. |Malaysian Communications & Multimedia Commission|
Majority of ASP Class licensees issued are involved in content
& applications services - Feb 2012
License Type
Number of licenses
Individual
Network Facilities Provider
116
Network Service Provider
117
Content Application Service Provider 36
Class
Application Service Provider
788 25 27 30
Total ,139
February 2012, estimated (50%) companies are ASP Class licensees offering messaging services.

21. Regulation on Mobile Content Services
|Malaysian Communications & Multimedia Commission|
Regulation on Mobile Content Services
Level 1
Services from government(MAMPU)
15888
Level 2
Services provided by Service Provider i.e. Maxis, DiGi, Celcom, Umobile
eg 26002
Level 3
Services provided by Content Provider (CP)
Eg 33546
Level 6
Promotion services & notifications
Eg: 62006
Suspension of short code 57
Cases
Investigation under CMA98 40
Consumer protection
1 July Mandatory Standards for Mobile Content Services
1 July Industry Guidelines (revised)
15 August 2005 – Industry Guidelines
Active and regular Taskforce Meetings with Service Providers and Content Providers (Association) to discuss and address mobile content issues

22. In Summary : Augmenting Consumer Protection
|Malaysian Communications & Multimedia Commission|
In Summary : Augmenting Consumer Protection
Key areas of consumer protection–Part VIII of the CMA 98
Quality of Service
Required Application Service
Rate Regulation
Resolution of consumer complaints
Regulatory Instruments & Self Regulation
Mandatory Standards
CMA 98 & General Consumer Code
Complaints Bureau (Aduan SKMM)
Consumer & Content Forum (Self Regulation)
Consumer Education & Awareness Program

23. In Summary : Augmenting Security
|Malaysian Communications & Multimedia Commission|
In Summary : Augmenting Security
Initiatives To Enhance Security And Integrity of Networks
Regulatory Action on Communications Services
Cyber Security & Network Integrity
Mobile Ecosystem Management
Regular Monitoring of Services & Content
National Network
Monitoring Centre
Prepaid Mobile Registration
MERS 999
MCMC enforces:-
Communications & Multimedia Act 1998
Postal Services Act 1991
Digital Signatures Act 1997

24. |Malaysian Communications & Multimedia Commission|
Malaysia in Brief
MCMC in Brief
Compliance & Consumer Protection
Confidentiality Provisions under CMA

25. Confidentiality Provisions under CMA & GCC
|Malaysian Communications & Multimedia Commission|
Confidentiality Provisions under CMA & GCC
Standard License Condition 13
The licensee shall take all reasonable steps to ensure that its employee, agents, consultants or third party suppliers who are engaged in the licensee’s business or who have access to the licensee’s customer information
Do not disclose information about a customer of a licensee which has been acquired in the course on the licensee’s business without prior consent of that customer
General Consumer Code:
Protection of Personal Information
Principles :
Data must be accurate and lawfully obtained
Data collected are for limited purpose
Not transferable without consent
Data must be secured
Data protection policy made available
Customer choice of how data is used
Appropriate measures taken to ensure data reliability, protection from loss, misuse or alteration

26. |Suruhanjaya Komunikasi & Multimedia Malaysia|
ENFORCEMENT ACTION
TYPES OF CASES
INTERNET – WEBSITE & BLOGS
Incitement
CYBER
Defamation & contempt of religion
Quality of Service issues
MOBILE – SMS/MMS
QoS etc
Pornography
Phishing & Fraud identity
SMS subscription etc etc
ACTION
Investigation & Enforcement
Cooperation with Police /Enforcement Agencies/Other regulatory agencies
Cooperation with Ministry / International Level

27. |Malaysian Communications & Multimedia Commission|
Sumber: The Star, 17th Jan 2011

29. Thank you Malaysian Communications and Multimedia Commission
Off Jalan Persiaran Multimedia Cyberjaya
Selangor Darul Ehsan
Malaysia
Tel:
Fax:
Website: