KUALA LUMPUR, Nov 19 — Tired of getting spammed with unsolicited calls and messages from real estate negotiators, telemarketers or persons unknown for the purpose of direct marketing? Unsure of the next course of action?
While we cannot control the actions of others, we can control our responses.
Here are tips and measures you can take to address the ‘nuisance’, based on guidelines from the Malaysian Institute of Estate Agents (MIEA), the Malaysian Communications and Multimedia Commission (MCMC) and two senior data protection lawyers Malay Mail spoke to.
- Avoidance tips: Ignore suspicious calls, block numbers, and use caller ID apps like Truecaller to identify spammers.
- Reporting options: File complaints with BOVAEP, telecommunications providers, or escalate unresolved cases to the Communications & Multimedia Consumer Forum of Malaysia or MCMC.
- Data protection recourse: Lodge a complaint with the PDP Commissioner if personal data is misused for direct marketing without consent.
- Legal action: Individuals cannot sue under the PDPA but may explore civil suits for negligence, constitutional breaches, or breach of contract depending on the situation.
- Call for reforms: The Bar Council advocates for PDPA amendments to allow private action against personal data misuse.
Avoidance: Tips to block, ignore or prevent spam calls and messages
The most common and easiest self-managed response is to avoid answering or ignore suspicious calls from unknown numbers engaged in unsolicited marketing.
Spammers persist because some people buy their advertised products. If people stop purchasing spam-advertised products, the problem would cease.
Blocking numbers is also an effective way to deal with unsolicited calls and messages as this prevents future engagement with the number.
Mobile users can also download caller identification apps like Truecaller, which identify robocalls, telemarketers, scams, fraud and harassment from incoming calls or SMS to determine if they originate from known spammers.
Report: How to escalate complaints about unsolicited calls and messages
If these first-line measures seem inadequate, the next step would be to lodge a formal complaint with the authorities or relevant stakeholders if you believe your personal data has been compromised.
If messages and calls persist, users can lodge a complaint with the Board of Valuers, Appraisers, Estate Agents and Property Managers Malaysia (BOVAEP) via [email protected] for disciplinary action.
Per MCMC’s advisory, users can also escalate the matter to their respective telecommunications service providers for further action.
Under MCMC’s four-tiered approach to managing spam, unresolved complaints can be referred to the Communications & Multimedia Consumer Forum of Malaysia via [email protected].
Once a complaint is investigated to determine whether there has been a breach of the General Consumer Code and the service provider has acted incorrectly, CFM can issue compliance reminders in the form of a caution or warning notice.
If the issue remains unresolved, it will be escalated to MCMC.
In addition, individuals who believe their personal data has been compromised or processed in breach of the Personal Data Protection Act (PDPA) for direct marketing purposes may also lodge a complaint with the PDP Commissioner.
Direct marketing is defined as the communication by any means of advertising or marketing material directed at particular individuals.
The PDP Commissioner will assess whether the complaint is justified and, if so, require the other party to comply with a notice to cease or risk imprisonment and fines for non-compliance.
What if I want to go beyond, like taking legal action? Exploring options under the PDPA and civil suits
Unfortunately, individuals cannot sue another person for the misuse of personal data, as explained by lawyers Foong Cheng Leong and Bar Council Cyber and Privacy Laws Committee chairperson Sarah Yong Li Hsien.
“Under the PDPA, there is no right of private action against a person who misused another’s data. As such, the person cannot sue that person under the PDPA for misuse of personal data,” Foong told Malay Mail.
Foong added that there is no right of private prosecution under the PDPA.
Yong said a person may give a notice in writing for the other party to cease using their personal data and contacting them if they have been receiving unsolicited calls and messages.
“If the other party does not satisfactorily comply with the request to cease, the person can submit a complaint or application to the PDP Commissioner,” she said.
While the PDPA doesn’t provide a personal right of action, Yong said there is a possible avenue to file a civil suit for the breach of constitutional rights, negligence or breach of contract depending on the circumstances.
“There has been academic and public discourse on the tort of invasion of privacy, however, it has yet to be introduced into our legal jurisprudence.
“The Bar Council has consistently advocated for amendments to the PDPA to allow for a private right of action under the PDPA,” she said.
