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Consumer Rights and Protection Personal Data Protection Workshop 9 Feb 2012

Consumer Rights and Protection Personal Data Protection Workshop 9 Feb 2012. By: Sharizan Abdul Aziz Director, Compliance Department. |Malaysian Communications & Multimedia Commission|. |Malaysian Communications & Multimedia Commission|. Malaysia In Brief.

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Consumer Rights and Protection Personal Data Protection Workshop 9 Feb 2012

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

  2. |Malaysian Communications & Multimedia Commission|

  3. |Malaysian Communications & Multimedia Commission| Malaysia In Brief • Total Area: 330,252 sq km • Population: 28.76 million • (60% below 35 yrs old) • Population Density: • 86 persons per sq km • Urban Population: 62% • Households: 6.262 million • Economy • Gross Domestic Product (GDP): USD160 billion • GDP growth 2010: 4.5-5.5%* • Quality of Life • Per Capita Income: USD14,000 • Literacy rate:92% • Unemployment rate : 3.3% MALAYSIA

  4. |Malaysian Communications & Multimedia Commission|

  5. |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 RaisYatim Minister of Information, Communication and Culture Operational autonomy but subject to policy directives from the Minister

  6. |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. |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

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

  9. |Malaysian Communications & Multimedia Commission|

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

  13. |Malaysian Communications & Multimedia Commission| Mandatory Standard for Quality of Service • 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. |SuruhanjayaKomunikasi & Multimedia Malaysia| Customer Issues & Complaints 2011 TheHIGHESTComplaints are on QUALITY OF SERVICES

  15. |Malaysian Communications & Multimedia Commission| Top Complaint Categories ( 2009- 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. |Malaysian Communications & Multimedia Commission| Client Charter on Complaint Handling - Strengthened Target Achievement: 20% complaints resolved within 3 working days 90% complaints resolved within 15 working days Apply to all licensees

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

  20. |Malaysian Communications & Multimedia Commission| Majority of ASP Class licensees issued are involved in content & applications services - Feb 2012 February 2012, estimated (50%) companies are ASP Class licensees offering messaging services.

  21. |Malaysian Communications & Multimedia Commission| Regulation on Mobile Content Services Consumer protection 1 July 2010- Mandatory Standards for Mobile Content Services 1 July 2006- 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. |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

  23. |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|

  25. |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

  28. Thank you Malaysian Communications and Multimedia Commission Off JalanPersiaran Multimedia 63000 Cyberjaya Selangor DarulEhsan Malaysia Tel: +603 8688 8000 Fax: +603 8688 1000 Website: www.skmm.gov.my

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