The coming into force of the Data Sharing Act 2025 (“DSA”) on 28 April 2025 marks a significant legislative milestone in Malaysia’s data governance landscape. The DSA establishes a formalised and secure framework for the exchange of data among public sector agencies. By enabling and facilitating seamless and secure access to shared information, the DSA is expected to enhance the efficiency of public service delivery and strengthen inter-agency coordination, ultimately contributing to a more integrated and responsive public sector.
We set out below a summary of the key provisions under the DSA.
Applicability | The DSA applies to the sharing of data between public sector agencies in Malaysia. “Public sector agencies” is defined to mean (a) the armed forces; (b) the judicial and legal service; (c) the general public service; (d) the police force; (e) the education service; and (f) any statutory authority exercising powers vested in it by a federal law. |
Data | The DSA defines “data” as any facts, statistics, instructions, concepts or other information in a form that is capable of being communicated, analyzed or processed, whether by an individual or a computer or other means. |
Establishment of the National Data Sharing Committee (“Committee”) | The DSA establishes the Committee which is responsible to the Cabinet. Members of the Committee consist of the following:
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Functions of the Committee | The Committee has the following functions:
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Data sharing |
Section 12 of the DSA permits any public sector agency (“Data Requestor”) to request[1], from another public sector agency (“Data Requestee”), for the sharing of data under the control[2] of the Data Requestee for the following purposes:
For the purpose of sharing open data, any open data that is available freely by any public sector agency may be accessible and shared regardless of whether a data sharing request is made. |
Evaluation of data request |
Section 14(1) of the DSA requires the Data Requestee to evaluate:
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Responding to data request | Section 14(2) of the DSA requires the Data Requestee to respond as to whether the data requested may be provided, with or without conditions, or is refused within 14 days from the date of receiving the request. |
Refusal to share data | Under section 15 of the DSA, a Data Requestee may refuse to share some or all of the data requested based on the following reasons:
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Duties in relation to data sharing |
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Applicability to those in the private sector
While the DSA only applies to data sharing between public sector agencies, the DSA may still be relevant to businesses in the private sector. For example, section 17(2) of the DSA provides that where a third party is engaged by a Data Requestor to conduct any data migration, data integration or data analytics work, such third party shall handle the data in compliance with the DSA and the requirements relating to the security of the data applicable in respect of the shared data. Any third party who fails to comply commits an offence and shall, upon conviction, be liable to a fine not exceeding RM1,000,000 or imprisonment for a term not exceeding 5 years or to both.
Conclusion
The Personal Data Protection Act 2010 does not apply to the federal government and state governments. While the DSA governs “data”, the coming into force of the DSA regulates the sharing of data between public service agencies provides clear rules and defined responsibilities on how such data can be shared.
With the recent amendments to the Personal Data Protection Act 2010 aimed at strengthening Malaysia’s data protection framework, the coming into force of the DSA underscores the government’s broader commitment to building a robust, transparent, and secure data governance regime. By facilitating structured data exchange among public sector entities, the DSA is poised to enhance policy coordination, improve public service delivery, and lay the foundation for more data-driven governance. As the implementation of the DSA progresses, ongoing attention to regulatory clarity, accountability mechanisms, and data protection safeguards will be critical to ensuring that the benefits of inter-agency data sharing are realised without compromising individual privacy rights or public trust.
[1] The request shall specify: (a) the data requested; (b) the purpose for which the data is requested; (c) the public service agencies intended to be the data recipient and the data provider; and (d) the manner of handling the data requested.
[2] “Control” means data that is within the possession or custody of the Data Requestee.
The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.