Court rules the prosecution failed to establish the elements of the charge.
The Kemaman sessions court acquitted OSC Hotel ling Sdn Bhd of a charge under Section 16 of the Personal Data Protection Act 2010 of the unlawful possession of personal data . PETALING JAYA: The Kemaman sessions court has acquitted a hospitality services company of a charge of unlawfully possessing the personal data of users without being registered under the Personal Data Protection Act 2020 three years ago.
Judge Wan Suhaila Mohd acquitted OSC Hotelling Sdn Bhd, ruling that the prosecution failed to establish the elements of the charge brought under Section 16 of the Act. The company was accused of committing the offence at Hotel Kerteh Damansara Inn on May 30, 2023. According to the facts of the case, officers from the commissioner's office checked the hotel and found a document, referred to as the 'daily guests' in-house record', containing the personal information of its guests. The hotel was charged in October 2024 after manager Zulaikha Arifin failed to produce a certificate of registration signed by the personal data protection registrar when requested by officers. Zulaikha appeared in court as its representative. In ordering the acquittal, Suhaila said the prosecution failed to properly tender the in-house record as evidence during the trial. The judge added that the document was merely identified during examination-in-chief and cross-examination of witnesses. 'The prosecution's case relies on this in-house record. 'As this record is not accepted as one of the exhibits, there is no documentary evidence to support the charge,' she said.
Personal Data Personal Data Protection Act 2020 Registration
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