Laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that UPDATES Act CREDIT REPORTING AGENCIES ACT 710 2010 As at 1 October 2016 2 CREDIT REPORTING AGENCIES ACT, 2010 the date of Royal Assent......... 2 June 2010 the date of publication in the Gazette............ 10 June 2010 3 laws of MALAYSIA Act CREDIT REPORTING AGENCIES ACT 710 2010 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation part II appointment, FUNCTIONS and POWERS of REGISTRAR 3. Appointment of Registrar 4. The functions of the Registrar. Power of Registrar 6. The appointment of the Deputy Registrar and Assistant Registrar 7. Appointment of officers 8. Delegation of functions and powers of the Registrar 9. Express Credit Reporting Agencies 10. Restrictions on investigating specifically about particular customers Affairs PART III REGISTRATION of the CREDIT REPORTING AGENCIES 11. Prohibition to carry out credit reporting business unless registered 12. Restrictions on doing business in addition to credit reporting business 4 laws of Malaysia ACT 710 section 13. Application for registration 14. Certificate of registration 15. Renewal of certificate of registration 16. Cancellation of registration 17. Surrendering certificate of registration 18. Appeal against the decision of the Registrar of the 19. Handling of credit information to credit reporting agencies when registration is cancelled, etc.


PART IV CREDIT REPORTING AGENCY MANAGEMENT 20. Minimum paid-up capital 21. The appointment of the Chief Executive, etc.


Part V the CONDUCT of AGENCY BUSINESS CREDIT REPORTING 22. The collection of credit information 23. Notice to customers regarding processing of credit information 24. Disclosure of credit information 25. Disclosure prohibited in credit report 26. Storage and security of credit information 27. The obligations of the person who subscribed to, etc.
28. credit Action unsatisfactory 29. Accuracy of credit information 30. The right of access to the credit information or credit report 31. Right to correct credit information or Credit Reporting Agency credit report 5 PART VI inspections, COMPLAINTS and INVESTIGATIONS Section 32. Inspection data system 33. Inspection results shall be notified to the credit reporting agency related 34. A report by the Registrar of 35. 36 complaints. Investigation by the Registrar of 37. Restrictions on investigations are initiated through the complaints 38. The Registrar may carry out or continue an investigation initiated through the complaints although complaints withdrawn 39. Notice of enforcement 40. Alteration or cancellation notice of enforcement of PART VII ENFORCEMENT of 41. Authorized officers 42. 43 power card. 44. investigation power Search and seizure warrants with 45. Search and seizure without a warrant 46. Access to computerized data 47. A warrant is admissible even if flawed 48. List of computers, books, accounts, etc., seized 49. The release of a computer, books, accounts, etc., seized 50. There are no costs or damages arising from seizure can be obtained 51. Barriers to search 52. Power to require production of computers, books, accounts, etc.


6 laws of Malaysia ACT 710 Section 53. The power to require the attendance of the person who has knowledge of the 54 cases. Examination of the people with knowledge of the case of 55. Admissibility of statements as evidence 56. Forfeiture of a computer, books, accounts, etc., seized 57. Mergers offences 58. The power of arrest PART VIII VARIOUS 59. Appeal to the Minister, 60. Exemption 61. Transfer of credit information to places outside Malaysia 62. The collection, etc., of credit information with unlawful 63. Abetment and attempt is punishable as offences 64. Compounding of offences 65. Offences by body corporate 66. Prosecution 67. Jurisdiction to try offences 68. Service of notice or other document 69. Protection against legal and legal proceedings 70. Whistleblower 71. Obligations of confidentiality of 72. Power of Minister to make regulations 73. Prevention of anomalies 74. Minister's power to amend the first schedule and the schedule of the second 75. The power to issue a summary of rights, code of practice, etc.
76. The Personal Data Protection Act 2009 not applicable Credit Reporting Agency 7 PART IX SAVINGS and TRANSITIONAL PROVISIONS Section 77. Running a business credit reporting before the commencement of this Act the FIRST SCHEDULE SECOND SCHEDULE of the THIRD SCHEDULE of the FOURTH SCHEDULE 9 laws of MALAYSIA Act CREDIT REPORTING AGENCIES ACT 710 2010 an act to provide for the registration and regulation of those who conduct business credit reporting and for matters related and incidental to it.

[15 January 2014; P.u. (B) 12/2014] enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Credit Reporting Agencies Act, 2010.

(2) of this Act come into force on such date as the Minister may, by notification in the Gazette, and the Minister may prescribe different dates for different provisions in this Act.


Interpretation 2. In this Act, unless the context otherwise requires — "credit reporting agency" means a person who carries on a business credit reporting and registered under subsection 14 (2);
10 laws of Malaysia ACT 710 "credit reporting agency in question", in respect of — (a) an examination of the means of credit reporting agencies use the system data that is the subject of the examination;

(b) a complaint means a credit reporting agency as specified in the complaint;

(c) an investigation — (i) in the case of an investigation initiated by a complaint, means the credit reporting agencies specified in the complaint;

(ii) in any other case, means the credit reporting agency that is the subject of the investigation;

(d) an enforcement notice, credit reporting agencies means against whom the enforcement notice was served;

"credit rating agencies" means a person registered as stated in part 2 of Schedule 4 to the capital markets and Services Act 2007 [Act 671] and

provide investment advice in relation to the provisions of the rating for debentures;

"This Act" includes the regulations, orders, notifications or other subsidiary legislation made under this Act;

"Register" means the register of Credit Reporting Agency held and maintained under section 9;

"stated", if there is no way mentioned, means specified from time to time in writing;

Credit Reporting Agency 11 "prescribed" means prescribed by the Minister under this Act and, if there is no way mentioned, means prescribed by order published in the Gazette;

"document" has the meaning assigned to it in section 3 of the Act Evidence 1950 [Act];

"constituent document", in relation to a body, incorporated or unincorporated, means the statutes, Charter, memorandum of Association, Association, rules, by-laws, partnership agreement, or other instruments, under which or with it the body is incorporated or formed, and the structure of the Organization and its administration and scope of functions, business, authority and obligations as described, whether contained in a single document or more;

"Chief Executive", in relation to a credit reporting agency, means the Executive Officer of a major credit reporting agency that currently, by whatever name called, and whether he's a Director or not;

"credit" means — (a) any Islamic financing facilities in whatever form or by whatever name called whether or not the facility involving a sale, purchase, sale and repurchase, lease, sale and leaseback, sale and buy-back arrangements, joint venture arrangements, sales with deferred payment arrangements, partnership returns and any financing arrangements or other transactions involving assets or property made in accordance with the law;

(b) any advances, loans, trade credits or other facilities in whatever form or by whatever name called which people are given advances, loans, trade credits or other facilities that have access, in 12 laws of Malaysia ACT 710 directly or indirectly, to the money or property of the person who gave it;

(c) any hire purchase, hire purchase, leasing, factoring Islam, trade debt and any transaction or transactions of its kind;

(d) the giving of a guarantee or security in respect of the obligation of any person; or (e) any transaction or other similar transactions as may be prescribed by the Minister on the recommendation of the Registrar;

"credit report" means any records or information, either in the form of written, oral or other form, which — (a) has nothing to do with a client in terms of — (i) eligibility for the credit is given;

(ii) history in relation to credit; or (iii) the ability to repay the credit; and (b) used, have been used or capable of being used as one factor in determining the eligibility of a customer to obtain credit;

"access log" means a record in respect of every access made to credit information held by a credit reporting agency;

"credit information" means any information about a client collected by current credit provider or connection with the provision of credit, or any records or information about a customer that is processed during the Credit Reporting Agencies or in connection with the conduct of a business 13 reporting credit, and may include the information listed in the first schedule;

"use", in relation to credit information, excluding acts of collect or disclose information that credit;

"collect", in relation to credit information, means the acts through it that credit information including into or are under the control of a credit reporting agency;

"Minister" means the Minister responsible for finance;

"disclose", in relation to credit information, means the acts through it that credit information is provided by a credit reporting agency;

"person" includes an individual, any corporation, Association, trade unions, co-operatives, partnerships or any other body, organization, association or group of persons, whether incorporated or unincorporated;

"relevant person", in relation to a client, no matter in any manner whatsoever or howsoever described, means — (a) in the case of a customer who is unable to manage his own affairs, one appointed by the Court to manage his affairs, or a person authorized in writing by the client to act on behalf of the client;
or (b) in any other case, a person authorised in writing by the customer to make an access request, request correction, or second-two the request, on behalf of the client;

"people who subscribe to" means any person making a subscription agreement with a credit reporting agency;
14 laws of Malaysia ACT 710 "officer", in relation to a credit reporting agency, including the Chief Executive and any employee;

"authorized officer" means any officer authorized in writing by the Registrar under section 41;

"customer" means any person who is seeking to obtain credit from, or who have been given credit by credit providers and credit information that is the subject;

"the credit provider" means any person listed in the second schedule;

"correction", in relation to credit information, including amendments, changes, modifications or deletions;

"applicant", in relation to request access or correction request, means the customer or connected persons on behalf of the customers, which makes the request;

"credit information processor", in relation to credit information, means any person, other than an employee of the credit reporting agencies, which process the information solely on behalf of that credit reporting agencies that credit, and do not process the information that credit for any purpose itself;

"processing", in relation to credit information, means of collecting, recording, hold or store credit information or carry out any operation or set of conduct with respect to the information that credit, including — (a) the compilation, adaptation or alteration of credit information;


(b) income return, perujukan to or the use of credit information;

Credit Reporting agencies 15 (c) disclosure of credit information via transmission, transfer, dissemination or otherwise making it available; or (d) alignment, merging, correction, deletion or destruction of credit information;

"Registrar" means the Registrar of Credit Reporting Agencies appointed under section 3;

"subscription agreement" means the written agreement that gives those who subscribe to access to credit information held by a credit reporting agency and is as specified in the fourth schedule;

"the credit reporting business" means a business that involves processing credit information for the purpose of providing a credit report to others, whether or not for profit, remuneration or otherwise, but does not include credit information processing — (a) for the purpose of discharging its functions regulation or that are required or permitted by or under any law; or (b) by a credit rating agency;

"Summary of Rights" means a summary of the Rights specified by the Registrar;

"company" has the meaning assigned to it in section 4 of the companies Act 1965 [Act 125];

"specified date" means the date or dates that are related, as the case may be, at which this Act comes into operation;



16 laws of Malaysia ACT 710 "unsatisfactory credit action" means a refusal or cancellation of credit, a thermal Exchange in an existing credit arrangement is not satisfactory, or a refusal to give credit for the bulk of the requested amount or based on most of the terms requested.


PART II appointment, FUNCTIONS and POWERS of the REGISTRAR appointment of Registrar 3. (1) the Minister shall appoint a public officer known as "Registrar of Credit Reporting Agencies" for the purpose of exercising the functions and powers conferred to the Registrar under this Act.

(2) the appointment of the Registrar shall be published by notification in the Gazette.


4. The functions of the Registrar The Registrar shall have all the functions imposed upon it under this Act and without prejudice to the generality of the things aforesaid, shall also have the following functions: (a) advise the Minister on all matters relating to the administration of this Act;

(b) implement and enforce this Act including the formulation of policies and operating procedures;

(c) develop awareness and dissemination of information to the public in connection with the implementation of this Act;
Credit Reporting agencies 17 (d) is responsible for monitoring, control, supervision and regulation of the credit reporting agencies;

(e) encourage and promote the development of credit reporting agencies and credit reporting sectors with good and proper;

(f) create an environment appropriate for the credit reporting agency to carry out its activities; and (g) carry out any activity or do any thing necessary, useful and appropriate for the administration of this Act, or any other purpose in accordance with this act as directed by the Minister.


Power of Registrar 5. (1) the Registrar shall have all the power to do all things necessary or expedient for or related to the performance of its functions under this Act.

(2) without prejudice to the generality of subsection (1), the powers of the Registrar shall include power — (a) appoint any of its agents, experts or consultants as it thinks fit to assist it in the performance of its functions;

(b) enter into contracts;

(c) to Institute and maintain the register;

(d) collect any fees prescribed under this Act;
and (e) do all other things which it thinks fit to enable it to perform its functions 18 laws of Malaysia ACT effectively 710 or incidental to or arising from the performance of its functions.


Appointment of Deputy Registrars and assistant registrars 6. (1) the Minister shall appoint such number of public officers as Deputy Registrars and assistant registrars to assist the Registrar in the performance of its functions and exercise of its powers under this Act.

(2) the Deputy Registrars and assistant registrars appointed under subsection (1) shall be subject to the supervision, direction and control of the Registrar.


Appointment of officers 7. (1) the Registrar may, with the approval of the Minister, appoint such number of public officers as may be necessary to assist the Registrar in the performance of its functions and exercise of its powers under this Act.

(2) all officers appointed under subsection (1) shall be subject to the supervision, direction and control of the Registrar.


Delegation of functions and powers of the Registrar 8. (1) the Registrar may, subject to such conditions, limitations or restrictions which it thinks fit to impose, delegate any of its functions or powers imposed or conferred upon him under this Act, except the power of the pewakilannya, to any officer appointed under subsection 6 (1) and 7 (1) and any other functions or powers so delegated may be exercised and performed by the officer in the name and on behalf of the Registrar.

Credit Reporting Agency 19 (2) a delegation under subsection (1) shall not prevent the Registrar from performing or running on its own at any time functions or powers delegated it.


Express Credit Reporting Agency 9. (1) the Registrar shall hold and maintain a register of Credit Reporting Agencies.

(2) the Register shall contain the name and address of the credit reporting agencies has been registered under subsection 14 (2) and any other details that apply to the credit reporting agency as determined by the Registrar.

(3) subject to subsection (4), the Registrar shall make the Register available for inspection by the public, subject to such conditions as he thinks fit.

(4) a can when paying the fee prescribed — (a) inspect the Register; or (b) make copies of or take extracts from an entry in the register that.


Restrictions on investigating specifically about particular customers Affairs 10. Without prejudice to the powers of inspection, scrutiny, investigation or inquiry that is provided to the Registrar or authorized officers, nothing-nothing in this Act shall be — (a) allow the Minister to direct the Registrar;
or (b) authorize the Registrar,

20 laws of Malaysia ACT 710 to investigate specifically the State of affairs a client specific.


PART III REGISTRATION of the CREDIT REPORTING AGENCIES Ban doing business credit reporting unless registered 11. (1) No person shall carry on a business credit reporting unless — (a) it is a company; and (b) it has been registered as a credit reporting agency and a certificate of registration has been issued to him by the Registrar under subsection 14 (5).

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding three years or to both.

(3) in the case of continuous offences, offenders may, in addition to the penalties under subsection (2), to a fine not exceeding ten thousand dollars for each day or part day such offence continues after conviction.


Restrictions on doing business in addition to credit reporting business 12. (1) a credit reporting agency cannot carry on any business other than a business credit reporting, unless the Agency has obtained the prior written approval of the Registrar.

Credit Reporting agencies 21 (2) a person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


Application for registration 13. (1) a person who intends to carry out a business credit reporting shall submit an application in writing for registration as a credit reporting agency to the Registrar in such form that it may specify.

(2) every application for registration shall be accompanied by — (a) a copy of the memorandum of Association and articles of the Association or other constituent document under which the applicant was established, and its incorporation certificate which verified accordingly by a statutory declaration made by a Director of the applicant;

(b) a copy of the latest audited accounts of the applicant, if applicable; and (c) any information or other documents as determined by the Registrar for the purpose of determining the application and suitability of the applicants.

(3) the Registrar may in writing at any time after the application is received and before it was decided, require the applicant to provide any documents and additional information within the time specified by the Registrar.

(4) If the requirements under subsection (3) are not complied with, the application for registration shall be deemed to have been withdrawn by the applicant and should not be pursued further by the Registrar, 22 law Malaysia 710 ACT but without prejudice to a new application made by the applicant.


Certificate of registration 14. (1) in considering an application for registration as a credit reporting agency, the Registrar must be satisfied that — (a) the applicant has a minimum paid-up capital as prescribed in section 20; and (b) the Chief Executive and a Director of the applicant has met the criteria set out in the third schedule.

(2) after due consideration has been given to the application for registration and conditions referred to in subsection (1), the Registrar may register the applicant or refuse the application for registration.

(3) the decision of the Registrar to register the applicant or refuse the application for registration shall be communicated to the applicant by a written notice issued by the Registrar as soon as reasonably practicable.

(4) If the Registrar rejects the application for registration pursuant to subsection (2), he shall in the notice issued under subsection (3) parsing — (a) that the application was rejected; and (b) of the reasons for such rejection.

(5) If the Registrar is satisfied that an applicant be registered under subsection (2), he shall, upon receipt of the prescribed registration fee, issue a certificate of registration to the applicant in such form as may be determined by him, and the certificate of registration may be subject to Credit Reporting Agencies 23 to any condition or restriction imposed by the Registrar thinks fit.

(6) the certificate of registration is valid for a period not exceeding three years.


Renewal of certificate of registration 15. (1) a credit reporting agency may make an application for renewal of certificate of registration not later than ninety days before the date of expiry of the registration in the manner and form determined by the Registrar and the application shall be accompanied by the prescribed renewal fee and any documents required by the Registrar, but no application for renewal may be allowed if the application is made after the date of expiry of the registration.

(2) upon renewal of a certificate of registration, the Registrar may change the conditions or restrictions imposed upon the certificate of registration issued or impose additional conditions or restrictions.

(3) the Registrar may refuse to renew a certificate of registration — (a) if the credit reporting agency that fails to comply with any provision of this Act;

(b) if the credit reporting agency that fails to comply with any conditions or restrictions imposed upon the certificate of registration issued; or (c) if he is satisfied that the credit reporting agency cannot continue business credit reporting in accordance with this Act.


24 law Malaysia 710 ACT cancellation of registration 16. (1) the Registrar may cancel the registration of a credit reporting agency if he is satisfied that — (a) a credit reporting agency that fails to comply with any provision of this Act;

(b) a credit reporting agency that fails to comply with any conditions or restrictions imposed when the registration certificate is issued;

(c) the issuance of a certificate of registration that is driven by false representation of the facts by the credit reporting agency;

(d) a credit reporting agency that is being wound up or otherwise dissolved;

(e) a receiver, Manager or receiver and Manager or person equivalent has been appointed in respect of any property that credit reporting agencies;

(f) the credit reporting agency has stopped doing business credit reporting for the period continued for three months;


(g) credit reporting agencies that do business credit reporting in addition to other businesses without prior written approval of the Registrar under subsection 12 (1); or (h) credit reporting agencies that submit affirmation of its registration to the Registrar.

(2) Notwithstanding subsection (1), the Registrar may not cancel the registration of the credit reporting agency unless the Registrar is satisfied that, after giving an opportunity to the Credit Reporting Agencies credit reporting has to 25 make any representations in writing that he pleases to pick from, the registration should be cancelled.

(3) if the registration of the credit reporting agency is revoked, the Registrar shall issue a notice of revocation of registration to the credit reporting agency, and the certificate of registration issued in respect of the registration shall not have effect when notice of cancellation of registration is delivered.

(4) a credit reporting agency whose registration has been cancelled under this section and who continue to do business credit reporting after it commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding three years or to both.

(5) in the case of continuous offences, offenders may, in addition to the penalties under subsection (4), to a fine not exceeding ten thousand dollars for each day or part day such offence continues after conviction.


Surrendering certificate of registration 17. (1) if the certificate of registration is revoked pursuant to section 16, the holder of the certificate shall, within fourteen days from the date of service of the notice of revocation of registration, surrender the certificate to the Registrar.

(2) a person who fails to comply with subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


Appeal against the decision of the Registrar 18. If the Registrar — 26 laws of Malaysia ACT 710 (a) rejecting an application for registration under section 14 or an application for renewal of registration under section 15; or (b) cancel the certificate of registration under section 16, a person aggrieved by the decision of the Registrar may appeal to the Minister against the decision in accordance with section 59.


Handling of credit information to credit reporting agencies when registration is cancelled, etc.

19. (1) any credit reporting agencies — (a) ceased to be a credit reporting agency; or (b) the certificate of registration is cancelled by the Registrar pursuant to section 16, shall, within a period specified by the Registrar, submit all credit information in databases or in his possession, in any form available, and databases, including backup file, to the Registrar.

(2) upon receipt of the credit information and database of the credit reporting agency under subsection (1), referred to as "credit reporting agencies first", the Registrar may decide whether — (a) to destroy the credit information and the database; or (b) with the approval of the Minister, to submit credit information and the database to the other credit reporting agencies, called "credit reporting agencies the next", when the compensation paid by the credit reporting agency next to the Credit Reporting Agencies credit reporting 27 first for an amount agreed between credit reporting agencies with credit reporting agencies in the first of the next.

(3) when giving his approval for the delivery of credit information and credit reporting agencies database first pursuant to paragraph (2) (b), the Minister must be satisfied that the credit reporting agencies next to her credit information and the database is proposed to be submitted to it have at least financial capability, skills and facilities such that is equivalent to the ability of the finance, skills and facilities available at the credit reporting agencies first to take over the processing of the credit information.

(4) the following credit reporting Agencies shall, upon receipt of the credit information and databases under paragraph (2) (b) — (a) inform customers in writing the fact that credit information was handed over to the credit reporting agency of the next; and (b) have similar duties and obligations in respect of the customers as if it is a credit reporting agency first and shall comply with all provisions of this Act.

(5) If the credit reporting agency first surrender any credit information and the database to the following credit reporting pursuant to paragraph (2) (b), any agreement obtained by the credit reporting agency that first from customers under paragraph 24 (1) (a) shall lapse, and the credit reporting agency must obtain the following agreement with the customers that under paragraph 24 (1) (a) if the credit reporting agency next intends to disclose the customers credit information under section it.

28 laws of Malaysia ACT 710 (6) a credit reporting agency who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


PART IV MANAGEMENT of CREDIT REPORTING AGENCY a minimum paid-up capital 20. (1) the minimum amount of paid-up capital for a credit reporting agency is one million dollars or such other amount as may be prescribed in the order made by the Minister, on the recommendation of the Registrar, from time to time.

(2) subject to subsection (4), every credit reporting agency shall maintain the minimum amount of paid-up capital set out in subsection (1), and if the minimum amount raised at any time, the credit reporting agency must maintain the amount raised in such period as is specified in the order that set the amount raised that, but such period shall not be less than three months.

(3) subject to subsection (4), no person shall be granted a certificate of registration under subsection 14 (5) and no credit reporting agency may conduct a credit reporting business if its paid up capital that is not affected by

the loss or otherwise is less than the minimum amount prescribed in subsection (1).

(4) If a minimum paid-up capital of a credit reporting agency is less than the minimum amount determined at any time under subsection (1), the credit reporting agency may, with the written consent of the Registrar, subject to any Credit Reporting Agency 29 terms and conditions imposed by the Registrar, the credit reporting business.

(5) a credit reporting agency who contravenes this section commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


The appointment of the Chief Executive, etc.

21. (1) a credit reporting agency shall appoint a Chief Executive who must meet the criteria described in the third schedule.

(2) credit reporting Agencies shall notify Registrar of appointment of Chief Executive within fourteen days from the date of appointment.

(3) If a person, who is a Director or Chief Executive of a credit reporting agency, at any time does not meet the criteria described in the third schedule, he shall immediately stop holding the position and act on such properties, and the credit reporting agency in question shall immediately terminate his appointment on such properties.

(4) a credit reporting agency who contravenes subsection (1) or (2) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand dollars.

(5) any person who contravenes subsection (3) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand dollars.

(6) in the case of continuous offences, offenders may, in addition to the penalties under subsection (4) or (5), to a fine not exceeding ten thousand dollars for each day or part day such offence continues after conviction.
30 law Malaysia 710 ACT part V the CONDUCT of AGENCY BUSINESS CREDIT REPORTING credit information Collection 22. (1) no credit reporting agency can collect any credit information about a client, unless — (a) the credit information collected for a specific purpose and valid in connection with an activity that credit reporting agencies and shall not be further processed in such a way that is not consistent with that purpose;

(b) the collection of credit information is necessary for or in connection with that purpose; and (c) the credit information that is adequate but not excessive in relation to that purpose.

(2) a credit reporting agency who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding two years or to both.

(3) the collection and use of credit information by a credit reporting agency under subsection (1) shall not require the consent of the customer concerned.


Notice to customers regarding processing of credit information 23. (1) a credit reporting agency shall by notice in writing notify a customer — (a) that the credit information of the customers is being processed by or on behalf of the credit reporting agencies, Credit Reporting agencies, 31, and shall give a description about the information that credit to the customers;

(b) of the purpose for which that credit information is being or will be processed;

(c) any information available at credit reporting agency about the source of credit information;

(d) about how how to contact credit reporting agencies regarding any queries or complaints in respect of credit information and on the rights of the customer to request access to and to request correction of information that credit;

(e) about the people who subscribe to or other person to whom the credit reporting agencies disclose or may disclose information that credit;

(f) regarding the choice and means offered by the credit reporting agency to customers for limiting information processing credit, including credit information relating to other people who can be identified from the information that credit;

(g) whether compulsory or voluntary for the customers to provide that credit information;

(h) if necessary for the customer to provide credit information due to the customer that if she did not provide details of the credit; and (i) to a customer as a summary of the rights contained in the summary of rights.

(2) the notice under subsection (1) shall be given to the customer as soon as reasonably practicable — 32 laws of Malaysia ACT 710 (a) when the credit reporting agency first collects credit information of the customers; or (b) where the customers are first asked to provide credit information to the credit reporting agencies, and such notice shall be in the national language and English.

(3) if the credit reporting agency has a website, the credit reporting agency must display clearly in its website a statement which describes the purposes for which the Agency collects credit information and the purposes for which that credit information will be processed further.

(4) a credit reporting agency who contravenes this section commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding two years or to both.


Disclosure of credit information 24. (1) no credit reporting agency can disclose any credit information for any purpose or to any other person unless — (a) the customer has given consent of the disclosure;

(b) the disclosure must be for the purpose of preventing or detecting crime or for the purpose of investigation; or (c) the disclosure is required or authorised by or under any law, or by order of the Court.

Credit Reporting agencies 33 (2) subject to subsection (3), if a credit reporting agency has secured the agreement of the customer under paragraph (1) (a), the Agency cannot disclose credit information that — (a) for any purpose other than the purpose for which;
or (b) to any person other than the person to whom the customer has been giving consent under that paragraph.


(3) If a credit reporting agency intends to disclose credit information — (a) for any purpose other than the purpose for which the customer has given consent under paragraph (1) (a); or (b) to any person other than the person to whom the customer has given consent under paragraph (1) (a), the credit reporting agency must obtain the consent of the customer under paragraph (1) (a) to disclose information that credit for the purposes of the other or to any other person, as the case may be.

(4) a credit reporting agency who contravenes this section commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding two years or to both.






34 the laws of Malaysia ACT prohibited Disclosure 710 credit report 25. (1) subject to section 24, a credit reporting agency cannot include any of the following in a credit report: (a) any information unless the information includes the name and address of the source of information that credit;

(b) any information unless the identity of the customer can be identified;

(c) any information regarding a person's bankruptcy two years after the date of its divestment of the bankruptcy;

(d) any information regarding a financial action in court against someone who more than two years after the date of commencement of the proceedings, unless the current status of the court action has been ascertained and entered into the credit report; and (e) any information in respect of any default in repayment of credit two years after the date of final settlement of the amount will be breached, including the settlement of the amount payable pursuant to a scheme of arrangement with the credit provider.

(2) a credit reporting agency who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding two years or to both.




Credit Reporting agencies 35 storage and security of credit information 26. (1) a credit reporting agency shall, when processing any credit information, take practical steps to protect the information that credit from any loss, misuse, modification, access or unauthorised disclosure or accidental, alteration or destruction with regard to — (a) the type of credit information and the harm that might be caused by the loss, misuse, modification, access or unauthorised disclosure or accidental , alteration or destruction of that;

(b) the place or location where that credit information is stored;

(c) any security measures that are included in any equipment in which credit information is stored;

(d) the steps taken to ensure the reliability, integrity and reliability of the personnel that have access to the credit information; and (e) the steps taken to ensure that the transfer of the credit information safely.

(2) if credit information processing performed by the processor of credit information to credit reporting agencies on behalf of, the credit reporting agency shall, for the purpose of protecting information that credit from any loss, misuse, modification, access or disclosure unauthorized or accidental, alteration or destruction, ensure that the processor of credit information that — (a) provide sufficient guarantees in respect of the technical and organisational security measures governing the processing to be carried out; and 36 laws of Malaysia ACT 710 (b) take reasonable action to ensure compliance with the move.

(3) without limiting the generality of subsection (1) and (2), a credit reporting agency shall take the following steps to safeguard credit information it holds from unauthorised access or abuse: (a) develop written policies and procedures to be followed by credit information processor, employees, agents and suppliers, or any other persons who provide services to it;

(b) impose controls such as access authentication using a password, token credentials, digital signature or other mechanism;

(c) provide information and training to its employees to ensure compliance with policies, procedures and controls it;

(d) ensure that a subscription agreement which complies with the fourth schedule held prior to disclose credit information to people who subscribe to;

(e) identify and investigate violations that may occur to the subscription agreement, policies, procedures and controls it;

(f) take immediate and effective action in respect of any infringement identified;

(g) to review systematically the effectiveness of the policies, procedures and controls, and meremedi nothing short immediately; and (h) maintain a log of access.
Credit Reporting agencies 37 (4) without prejudice to section 27, a credit reporting agency must ensure that if the information that credit should be given to a person in connection with the provision of a service to credit reporting agencies, credit reporting agencies shall take all reasonable steps to prevent any loss, misuse, modification, access or unauthorised disclosure or accidental, alteration or destruction of information that credit.

(5) the authentication Access Control required under paragraph (3) (b) shall include, in respect of an access is made, a way to identify both people who subscribe and certain people to those who subscribe to the who has access to the credit information, or other person who has access to the credit information.

(6) Access Logs required under paragraph (3) (h) — (a) shall include a record of the time and date of access to the information that credit, the identity of the person who subscribed to or others who have access to the information that credit, and intentions relating to each of the access; and (b) must identify or provide a way to identify a particular person to those who subscribe to who has access to the credit information and certain customers credit information have been accessed.

(7) a credit reporting agency shall ensure that the access log contains records on all access made for a period of not less than two years before the date of the access.


(8) a credit reporting agency who contravenes this section commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding two years or to both.
38 the laws of Malaysia ACT 710 Obligations people who subscribe, etc.

27. (1) any person who subscribed to or others, including those who provide services to a credit reporting agency, who has access to the credit information processed by the credit reporting agencies shall take reasonable steps to preserve the credit information from any access, use, modification or disclosure unauthorized or improper, including — (a) develop written policies and procedures to be followed by employees , its agents and suppliers;

(b) establish control, including — (i) the use of a password, token credentials, digital signature or other mechanism; and (ii) user identification;

(c) provide information and training to ensure compliance with policies, procedures and controls it;

(d) monitor the use and review on a regular basis the compliance policies, procedures and controls it;

(e) take appropriate action in respect of the infringement identified on the policies, procedures and controls it; and (f) maintain a log of all access, amendment and audit trail to credit information conferred upon him by the credit reporting agency.

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Credit Reporting agencies 39 unsatisfactory credit Action 28. If credit lenders have taken an action unsatisfactory credit towards a customer based on a credit report, the credit provider shall, when requested by the client, disclose to customers that — (a) that the unsatisfactory credit is based on a credit report issued by a credit reporting agency; and (b) the identity of the credit reporting agencies from whom credit report is obtained as a result of unsatisfactory credit action then.


Accuracy of credit information 29. (1) a credit reporting agency may not use or further processing of any credit information without taking any reasonable steps in the circumstances to ensure that credit information is accurate, up-to-date, complete, relevant and not misleading.

(2) a credit reporting agency shall, when undertaking a comparison of credit information in its control to any other credit information for the purpose of producing or verifying information about a customer that can be identified, take any steps that can be implemented reliably to avoid matching credit information is wrong.

(3) without limiting the generality of subsection (1), a credit reporting agency shall — (a) to establish and maintain controls to ensure that, to the extent practicable with reasonable, only credit information accurate, 40 laws of Malaysia ACT 710 booking, complete, relevant and not misleading used or processed further;

(b) monitor the credit information to ensure that credit information is accurate, up-to-date, complete, relevant and not misleading; and (c) carry out regular checking of compliance with the control.

(4) a credit reporting agency who contravenes this section commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding two years or to both.


The right of access to credit or credit report information 30. (1) subject to subsection (5), a credit reporting agency shall be not less than twenty-one days from the date of receipt of a request access from a beggar — (a) give the applicant a confirmation whether that credit reporting agencies have to process customer credit information or not; and (b) if the credit reporting agency has to process the customer's credit information, the Agency shall — (i) allow the applicant access to the credit information held it; or (ii) allow the applicant access to the credit information held and any credit report provided by the credit reporting agency to any person who subscribed to or others, Credit Reporting Agency 41 within twelve months before the date of the access request; or (c) if the credit reporting agency has to process the customer's credit information, the Agency shall, when the applicant pays the prescribed fee, provide the applicant – (i) a copy of the credit information referred to in paragraph (b); or (ii) a copy of the credit report referred to in subparagraph (b) (ii) in the form that is easy to understand.

(2) where a credit reporting agency does not hold credit information, but to regulate the credit information processing in such a way that prohibits credit reporting agencies that hold the credit information from complying with, whether in whole or in part, the request access under subsection (1) relating to the information that credit reporting agencies, credit first-mentioned shall be deemed to hold the credit information and provisions of this Act shall be construed accordingly.

(3) subject to subsection (5), a credit reporting agency cannot comply with an access request within the period specified in subsection (1) shall, before the expiration of such period: (a) inform the applicant by notice in writing that the credit reporting agency cannot comply with the access request and the reasons it cannot do so; and (b) comply with the access request to the extent it can do so.

42 laws of Malaysia ACT 710 (4) if the applicant is given access to, or provided a copy of a credit report or credit information pursuant to subsection (1), the credit reporting agency shall advise the applicant that he or she can ask for the correction made to the credit information or the credit report under section 31.

(5) a credit reporting agency may refuse to comply with the access request made under subsection (1) if —


(a) the credit reporting agencies not supplied any information reasonably required to — (i) that his satisfaction about the identity of the applicant; or (ii) if the applicant is claiming that he is connected to his satisfaction — (A) about the identity of customers related to it the applicant claim that he is the person who related; and (B) that the applicant is the person who related in respect of the customer;

(b) the credit reporting agencies not supplied any information reasonably required to detect credit information relating to the access request;

(c) the burden or expense of providing access is not commensurate with the risks to the privacy of the customer relating to the credit information in the case may be;

Credit Reporting agencies 43 (d) credit reporting agency cannot comply with the request of the access without disclose credit information relating to other people who can be identified from that information, unless — (i) that other person has given consent for disclosure of credit information to the applicant;
or (ii) it is reasonable in all the circumstances to comply with the access request without the consent of the other person;

(e) subject to subsection (7), any other credit reporting agencies to control the processing of credit information relating to the access request in such a way that the credit reporting agencies to prohibit the first-mentioned of complying with, whether in whole or in part, the access request;

(f) providing access would be a violation of an order of a court;

(g) grant access will disclose confidential commercial information; or (h) access to such credit information are regulated by other laws.

(6) in determining for the purposes of subparagraph (5) (d) (ii) either be reasonable in all the circumstances to comply with the request of access without the consent of the others, attention should be given, in particular, to — (a) any obligation of confidentiality, which are the responsibilities of the other person;

44 the laws of Malaysia ACT 710 (b) any action taken by the credit reporting agency with the purpose of obtaining the consent of the other person;

(c) whether the other person is capable of giving consent; and (d) any refusal to grant consent expressly by the others.

(7) paragraph (5) (e) shall not be used as an excuse for that credit reporting agencies do not comply with the access request — (a) the extent to which the access request relating to paragraph (1) (a), up to any extent; or (b) as far as the access request relating to paragraph (1) (b) or (c), up to any extent that credit reporting agencies can comply with the request without breaking the prohibition concerned.

(8) if the credit reporting agency refuses to comply with an access request under subsection (1), credit reporting agencies shall be not less than twenty-one days from the date of receipt of the access request, in writing: (a) inform the applicant of such refusal and of the reasons for such refusal;

(b) advise the applicant of his rights under section 35; and (c) give the applicant a copy of the summary of rights.

(9) a credit reporting agency who contravenes this section commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Credit Reporting agencies 45 Right to correct credit information or credit report 31. (1) where — (a) a copy of the credit report or credit information have been supplied by the credit reporting agency in compliance with a request access under section 30 to the assume that information of applicant credit or credit report is inaccurate, not current, incomplete, irrelevant or misleading; or (b) the customer knows that the credit information held by credit reporting agencies that is inaccurate, not current, incomplete, not incidental or misleading, beggar or client, as the case may be, shall make a request corrections in writing to the credit reporting agency so the Agency make the necessary corrections to the information that credit reports or credit.

(2) If a credit reporting agency does not hold credit information, but to regulate the credit information processing in such a way that prohibits credit reporting agencies that hold the credit information from complying with, whether in whole or in part, the request for correction under subsection (1) relating to the information that credit reporting agencies, credit first-mentioned shall be deemed to be a credit reporting agency to which such request can be made and the provisions of this Act shall be construed accordingly.

(3) a credit reporting agency shall upon being satisfied that a credit or credit report information related to it a request for correction under subsection (1) is inaccurate, not current, incomplete, not incidental or misleading, or for own initiatives — (a) take measures to correct the credit report or credit information to ensure that the 46 laws of Malaysia ACT 710 credit information or the credit report is accurate , booking, complete, relevant and not misleading;

(b) pending any rectification made under paragraph (a), either hold a credit or credit report information disputed that or identify with details of credit or credit report information such as disputed and is being checked for accuracy; and (c) give the applicant a copy of the summary of rights.

(4) subject to subsection (5), (7) and (8), if a credit reporting agency receives a request for correction under subsection (1), credit reporting agencies shall be not less than twenty-one days from the date of receipt of the request for correction of that — (a) inform the applicant about the action that has been taken by virtue of the correction request;

(b) inform the applicant of the correction made to comply with the request and provide applicant with a copy of a credit report or credit information that has been corrected; and (c) subject to subsection (6), if — (i) credit or credit report information has been

disclosed to people who subscribe or others within twelve months immediately before the day to which the correction is made; and (ii) the credit reporting agencies do not have any reason to believe that people who subscribe or someone else has stopped using credit information or report that credit for the purpose, including any Credit Reporting Agency purposes in relation to 47 directly, for which a credit or credit report information is disclosed to the person who subscribed to that or any other person, take all practical steps to provide people who subscribe or others with a copy of the credit report or credit information that has been
such are fixed together with a written notice describing the reasons for the correction.

(5) a credit reporting agency may not comply with a request for correction within the period specified in subsection (4) shall, before the expiration of such period: (a) inform the applicant by notice in writing that the Agency cannot comply with the request for correction is within it and the reasons it cannot do so; and (b) comply with the request for correction of that as far as the Agency can do so.

(6) a credit reporting agency is not required to comply with paragraph (4) (c) in any case where the disclosure of credit information or credit report to those who subscribe or others made personally by people who subscribe to or other person by checking the register — (a) in which a credit or credit report information is entered or otherwise recorded; and (b) available for examination by the public.

(7) where a credit reporting agency to correct credit information is requested under subsection (1) and that credit information is being processed by other credit reporting agencies 48 laws of Malaysia ACT 710 which is in a better position to respond to request the correction of – (a) credit reporting agencies who first mentioned shall forthwith transfer request corrections to such credit reporting agency , and notify the applicant of this fact; and (b) of section 31 shall apply as if the reference therein to a credit reporting agency is a reference to such other credit reporting agencies.

(8) a credit reporting agency may refuse to comply with a request for correction if — (a) the credit reporting agencies not supplied any information reasonably required to — (i) to his satisfaction about the identity of the applicant; or (ii) if the applicant is claiming that he is the person who related to his satisfaction — (A) about the identity of customers who the claimants thereto beggar that he was connected persons; and (B) that the applicant is the person who related in respect of the customer;

(b) the credit reporting agencies not supplied any information reasonably required to ensure that the manner in which credit information or Credit Reporting Agency credit report 49 relating to the request for correction that is inaccurate, not current, incomplete, irrelevant or misleading;

(c) a credit reporting agency is not satisfied that the information a credit or credit report relating to a request for correction that is inaccurate, not current, incomplete, irrelevant or misleading;

(d) a credit reporting agency is not satisfied that corrective is the subject of a request for correction that is accurate, up-to-date, complete, relevant or not misleading; or (e) subject to subsection (9), any other credit reporting agencies to control the processing of credit information in relation to the correction request in such a way that the credit reporting agencies to prohibit the first-mentioned of complying with, whether in whole or in part, request correction of it.

(9) paragraph (8) (e) shall not be used as a reason for the credit reporting agency fails to comply with subsection (4) in relation to request corrections applicable to the extent that credit reporting agencies can comply with that subsection without breaking the prohibition concerned.

(10) where a credit reporting agency refused to comply with a request for correction under subsection (1), the credit reporting agency shall, not later than twenty-one days from the date of receipt of the request the correction, by written notice — (a) to notify the applicant of such refusal and of the reasons for such refusal;

50 laws of Malaysia ACT 710 (b) advise the applicant that a statement regarding the correction requested but not made has been attached to the information that credit reports or credit;

(c) if requested so by the applicant, to take such steps as are reasonable in the circumstances to attach any statement given by the applicant requested correction to credit or credit report information that, in such a way that allows the statement will always be read with credit information or the credit report;

(d) if paragraph (8) (e) applies, notify the applicant of the name and address of the other credit reporting agencies concerned; and (e) advise the applicant of his rights under section 35.

(11) a credit reporting agency who contravenes this section commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


PART VI inspections, COMPLAINTS and INVESTIGATIONS system checks data 32. (1) the Registrar may conduct an inspection against any data system used by credit reporting for the purpose of ensuring that information to help the Registrar makes recommendations to the respective credit reporting agency with respect to the promotion of compliance with provisions of this Act by the credit reporting agency of the.
Credit Reporting agencies 51 (2) for the purposes of this section — "credit reporting agency" includes credit information processors;

"data system" means any system, whether automated or otherwise, used, whether in whole or in part, by the credit reporting agency for the processing of credit information, and includes any documents and equipment forming part of the system.


Inspection results shall be notified to the Agency

credit reporting related 33. If Registrars have completed an examination of a system's data, he shall in such manner and at any time it sees fit credit reporting agency notifies the relevant — (a) the examination results;

(b) any recommendations arising from the examination by the Registrar considers should be made in relation to the promotion of compliance with provisions of this Act by the credit reporting agency of the; and (c) any other reviews as a consequence of such examination as he thinks fit.


A report by the Registrar of 34. (1) the Registrar may, after examination of any system of data used by a credit reporting agency, publish a report — (a) that describe any recommendations arising from the examination by the Registrar considers 52 law Malaysia 710 ACT should be made with regard to the promotion of compliance with provisions of this Act by the credit reporting agency of the; and (b) in such manner as it thinks fit.

(2) a report published under subsection (1) shall be made in such a way so as to prevent the identity of any individual is determined from it.


35 complaints. Any person or person may make a complaint in writing to the Registrar about an Act, practice or request — (a) specified in the complaint;

(b) which has been done or made, or is being done or made, by credit reporting agencies related stated in the complaint;

(c) in relation to the credit information of which that person is a customer; and (d) which may violate the provisions of this Act, including any code of practice.


Investigation by the Registrar of 36. (1) where the Registrar receives a complaint under section 35, the Registrar shall, subject to section 37, carry out an investigation in relation to the credit reporting agencies related to see whether acts, practices or request specified in the complaint violate the provisions of this Act.

Credit Reporting agencies 53 (2) if the Registrar has reasonable grounds to believe that an Act, practice or request has been done or made, or is being done or made, by credit reporting agencies relevant in relation to the credit information and acts, practices or the request may violate the provisions of this Act, the Registrar may conduct an investigation in connection with the credit reporting agency of the to see whether acts , practices or the request violates the provisions of this Act.

(3) the provisions of part VII shall apply in respect of surveys conducted by the Registrar under this section.


Restrictions on investigations are initiated through the 37 complaints. (1) the Registrar may refuse to carry out or continue an investigation initiated by a complaint if he or she is of the opinion that, having regard to all the circumstances of the case — (a) the complaint, or a complaint that is largely of its kind, has previously caused an investigation was initiated which result is the Registrar is of the opinion that not happening of any breach of the provisions of this Act;

(b) an Act, practice or request specified in the complaint are small;

(c) the complaint is trivial, inconvenient or not made in good faith; or (d) any investigation or further investigation is for any other reason is not necessary.

(2) Notwithstanding the generality of the power conferred upon the Registrar by this Act, the Registrar may refuse to carry out or 54 laws of Malaysia ACT 710 continue an investigation initiated by a complaint — (a) if — (i) the complainant; or (ii) in the case when the complainant is a relevant person in respect of a customer, client or connected persons, as the case may be, have a real knowledge of the acts, practices or request specified in the complaint for more than two years immediately before the date the Registrar receives the complaint, unless the Registrar is satisfied that in all the circumstances it is desirable for the investigation is carried out or continued;

(b) if the complaint is made anonymously;

(c) if the complainant cannot be identified or located;

(d) if the Registrar is satisfied that the credit reporting agencies are not be a credit reporting agency for a period of not less than two years immediately before the date the Registrar receives the complaint; or (e) in any other circumstances as he thinks fit.

(3) if the Registrar refuses under this section to carry out or continue an investigation initiated by a complaint, he shall, as soon as practicable but in any case not later than thirty days after the date of receipt of the complaint, by notice in writing that the Credit Reporting Agencies communicated to the complainant informing 55 the complainant of such refusal and of the reasons for such refusal.

(4) an appeal may be made to the Minister for any refusal specified in the notice under subsection (3) by the complainant to whom the notice is delivered or if the complainant is a relevant person, by the customer in respect of which the complainant is a relevant person.


The Registrar may carry out or continue an investigation initiated through the complaints although complaints withdrawn 38. If the Registrar is of the opinion that it is in the public interest to do so, he may carry out or continue an investigation initiated by a complaint even though the complainant has withdrawn the complaint and, in any such case, the provisions of this Act shall apply in respect of the complaint and the complainant as if the complaint is not withdrawn.


Notice of enforcement 39. (1) If, following the settlement of an investigation of an Act, practice or request specified in the complaint, the Registrar is of the opinion that the relevant credit reporting — (a) is in breach of a provision of this Act; or (b) has violated a provision of such in circumstances that make the violation likely continued or repeated, then the Registrar may serve an enforcement notice to the respective credit reporting agencies —


(A) stating that he considers such;
56 laws of Malaysia ACT 710 (B) that the provisions of this Act which he or she is of the opinion and the reasons why he is of such opinion;

(C) directing the credit reporting agency to take any steps that are described in the enforcement notice to meremedi the infringement or, according to circumstances, the thing that makes her in any period specified in the notice of enforcement; and (D) directing, if necessary, the credit reporting agency to stop processing the information that credit reporting agencies credit pending the associated meremedi the violation.

(2) the Registrar shall, in determining whether to serve a notice of enforcement, consider whether the infringement relating to the enforcement notice has caused or is likely to cause damage or distress to the customer credit information relating to violations or the matter.

(3) the measures set out in the notice of enforcement to meremedi violations or matters relating to the enforcement notice can be made — (a) up to any extent by reference to any code of practice issued under section 75;
or (b) credit reporting agencies so as to give the a choice between different ways of meremedi violations or the matter.

(4) the period specified in an enforcement notice under subsection (1) to take the measures set out therein could not be due before the end of the period specified in subsection 59 (2) that during the period of the Credit Reporting Agency an appeal against 57 notice of enforcement could be made and, if such an appeal is made, the move is not to be taken pending the determination or withdrawal of the appeal.

(5) Notwithstanding subsection (4), if the Registrar is of the opinion that by reason of special circumstances the steps specified in the notice of the enforcement should be taken on the ground keterdesakan — (a) he may include a statement to that effect in the enforcement notice together with the reasons why he is of such opinion; and (b) if the statement was admitted as such, subsection (4) shall not apply but the enforcement notice requires the move cannot be taken before the end of the period of seven days from the date of the enforcement notices served.

(6) an appeal may be made to the Minister of a notice of enforcement by the respective credit reporting agency in accordance with section 59.

(7) if the Registrar — (a) forming an opinion referred to in subsection (1) in respect of the credit reporting agencies at any time before an investigation was completed; and (b) is also of the opinion that, by reason of special circumstances, a notice of enforcement should be communicated to the respective credit reporting agencies on the ground keterdesakan, he may serve notice of enforcement is even the investigation has not been completed and, in any such case — 58 laws of Malaysia ACT 710 (A) the Registrar shall, without prejudice to any other matter should be included in the notice of the enforcement in the enforcement notice, stating the reasons why she has the opinion referred to in paragraph (b);
and (B) the other provisions of this Act, including this section, shall be construed accordingly.

(8) a person who fails to comply with an enforcement notice commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


Alteration or cancellation notice enforcement 40. The Registrar may, on their own initiatives or upon the application of a credit reporting agency related, change or cancel an enforcement notice served under subsection 39 (1) by notice in writing to the respective credit reporting agencies if the Registrar is satisfied with the actions taken by the credit reporting agencies related to the violation of meremedi.


PART VII ENFORCEMENT of authorized officers 41. The Registrar may, either generally or in any particular case, in writing, authorize any officer appointed under subsection 6 (1) or 7 (1) or any public officer to exercise the powers of enforcement under this Act.

Credit Reporting agencies 59 42 power Card. (1) the Registrar shall issue to each authorized officers a power card shall be signed by the Registrar.

(2) whenever an officer authorized to carry out any enforcement powers under this Act, he shall when required to demonstrate to the person against whom that power is being exercised authority card issued to him under subsection (1).


Power of investigation 43. (1) an authorized officer may investigate the Commission of any offence under this Act.

(2) for the avoidance of doubt, declared that for the purposes of this Act, the authorized officer shall have all or any of the special powers of a police officer regardless of rank in relation to police investigation in the case can capture as provided under the criminal procedure code [Act 593], and that power is in addition to the powers assigned under this Act and not a reduction thereof.


Search and seizure warrants with 44. (1) if it appears at a magistrate, on information given in writing of the authorized officers and after such inquiry as may be found necessary by the Magistrate that there is reasonable cause to believe that — (a) any premises was used for; or (b) in any premises evidence necessary to conduct an investigation regarding, 60 laws of Malaysia ACT 710 the Commission of an offence under this Act, the Magistrate may issue a warrant empowering authorized officers named in the warrant at any reasonable time during the day or night and with or without assistance, enter into the premises and if necessary using force.

(2) without prejudice to the generality of subsection (1), the warrant issued by a magistrate can give power to search and seizure —


(a) any computer, books, accounts, computerised data or other documents that contain or are reasonably suspected to contain information about any offence suspected to have been committed;

(b) any signs, cards, letters, pamphlets, sheet or notice indicating or implying that the person is registered under this Act; or (c) any equipment, apparatus or thing reasonably believed to be able to give evidence of the Commission of the offence.

(3) An authorized officer who is carrying out a search under subsection (1) may, for the purpose of investigating the offence, examine any person residing in or in the premises.

(4) An authorized officer who checked against a person under subsection (3) or section 45 may seize or take possession of, and keep in safe custody of all things other than clothes to be found on that person, and any substance for which there is reason to believe that the thing is other equipment or details for that offence may be detained until the person is discharged or released.

Credit Reporting agencies, 61 (5) whenever becomes necessary to cause to a woman examined, the examination shall be made by a woman with full courtesy.

(6) If, by reason of the nature, size or the lesser amount, transfer of any computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or thing seized under this section shall not be implemented, of authorized officers shall in any way prevent a computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets , sheets, notices, fittings, equipment or items that in premises or container in which it was found.

(7) any person who, without lawful authority, break, interrupt or impair lak referred to in subsection (6) or transfer any computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or items that have been dilak or attempting to do so commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.


Search and seizure without a warrant 45. If an officer is authorised are satisfied on information received that she had reasonable cause to believe that by reason of the delay in obtaining a search warrant under section 44 of the investigation will be affected or evidence of the Commission of an offence may be interrupted, removed, defaced or destroyed, the authorized officer may enter the premises and perform in, on and in respect of premises that all the powers referred to in section 44 in a way that fully and adequately instead-by he have been authorised to do so by a warrant issued under that section.

62 laws of Malaysia ACT 710 access to computerised data 46. (1) An authorized officer who is carrying out a search under section 44 and 45 shall be given access to computerised data either stored in a computer or otherwise.

(2) for the purposes of this section, "access" — (a) include the given password, code encryption, encrypting code, software or hardware to be and any other means required to enable computerized data is understood; and (b) has the meaning assigned to it by section 2 (2) and (5) computer crime Act 1997 [Act 563].


A warrant is admissible even if flawed 47. A search warrant issued under this Act is valid and enforceable notwithstanding any defect, error or omission therein or in the application for the warrant, and any computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or goods seized under the warrant shall be admissible as evidence in any proceedings under this Act.

List of computers, books, accounts, etc., seized 48. (1) except as provided in subsection (2), where any computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or thing seized pursuant to this Act, the authorized officers making the seizure — (a) must provide the Credit Reporting Agencies — 63 (i) a list of computers, books, accounts, computerised data or other documents, signs, cards , letters, brochures, sheet, notice, fittings, equipment or goods seized and shall sign the list; and (ii) a written notice of the seizure that contains the reason for the seizure and shall sign the notice; and (b) shall as soon as practicable serve a copy of the list of computers, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or goods seized and written notice of the seizure to the occupier of the premises have been searched, or ask your agent or pekhidmatnya the premises.

(2) written notice of seizure, it is not required to be served pursuant to paragraph (1) (b) if the seizure is made in the presence of the person against whom the proceedings under this Act intended to be taken, or in the presence of the owner of such property or his agent, as the case may be.

(3) where the premises were unoccupied, authorized officers shall post up a copy of the list of computers, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or goods seized it in conspicuous place in the premises.


The release of a computer, books, accounts, etc., seized 49. (1) where any book, account, computer, computer data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or items have been seized under this Act, the authorized officers making the seizure shall, after referring to the Prosecutor, releasing a computer, books, accounts, 64 laws of Malaysia ACT 710 computerised data or other documents, signs, cards, letters, pamphlets, sheet notice, fittings, equipment or items to people who diputuskannya as legally entitled to it, if he

satisfied that the computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or items that cannot be dilucuthakkan under this Act, and shall not otherwise required for the purposes of any proceedings under this Act or for the purpose of any prosecution under any other written law, and in this case authorized officers making the seizure , or the Federal Government, the Registrar or any person acting on behalf of the Federal Government or the Registrar shall not be liable to any proceedings by any person if the seizure and release of a computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or items that have been made in good faith.

(2) a written record shall be made by authorized officers who made the release of computers, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or thing under subsection (1) which sets out in detail the circumstances and the reason for the release, and he shall send a copy of the record to the public prosecutor within seven days from the release.


There are no costs or damages arising from seizure can be obtained 50. No person shall, in any proceedings before any court in respect of any computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or goods seized in exercising or purporting to exercise any of the powers conferred under this Act, be entitled to the costs of the proceedings or to any damages or other relief unless the seizure is made without reasonable cause.

Credit Reporting Agency barriers to search 51 65. Any person who — (a) refuses to give any officer authorized access to any premises which authorized officers is entitled to it under this Act or in the discharge of any duty imposed or power conferred under this Act;

(b) mengamang preventing menggalang or delay any officer authorized the making of any entry of authorized officers is entitled to make under this Act, or in the discharge of any duty imposed or power conferred by this Act; or (c) refuse to give any authorized officer any information relating to an offence or suspected offence under this Act or any other information that could reasonably be required of them and the knowledge or the power to give it away, commits an offence and shall, on conviction, to imprisonment for a term not exceeding two years or to a fine not exceeding two hundred thousand dollars or to both.


Power to require production of computers, books, accounts, etc.

52. an authorized officer shall, for the purposes of the implementation of this section, has the power to do all or any of the following: (a) require the production of any book, account, computer, computer data or other document kept by the credit reporting agency or any 66 laws of Malaysia ACT 710 others and to examine, review and download from it, make copies of or take extracts from them;

(b) require the production of any document identification of any person in respect of any act or an offence under this Act;

(c) make any necessary investigation to see whether the provisions of this Act have been complied with.


The power to require the attendance of the person who has knowledge of the case 53. (1) An authorized officer who is carrying out an investigation under this Act may by order in writing require the attendance before it of any person who in the opinion of the authorized officer has knowledge of the facts and circumstances of the case, and such person shall attend as so required.

(2) if any person refuses or does not attend as so required, the authorized officers can report refusal or abstention to the magistrate shall issue a summons to secure the attendance of such person as may be required by an order made under subsection (1).


Examination of the people with knowledge of the case of 54. (1) An authorized officer who is carrying out an investigation under this Act may examine orally any person alleged to have knowledge of the facts and circumstances of the case and shall change into writing any statement made by the person examined.
Credit Reporting Agency 67 (2) such person shall be bound to answer all questions relating to such case put to him by an officer authorized: provided that such person may refuse to answer any question that the answer may tend to expose him to a criminal charge or penalty or forfeiture.

(3) a person who makes a statement under this section shall be legally bound to state the truth, whether the statement was made in whole or in part in answering the questions or not.

(4) authorized officers that examine a person under subsection (1) shall first inform that person of the provisions of subsection (2) and (3).

(5) a statement made by any person under this section shall, whenever possible, be stated in writing and signed by the person making it or affixed cap head jarinya, as the case may be, after the statement was read to him in the language made by them and after he is given the opportunity to make any corrections he wanted.


Admissibility of statements as evidence 55. (1) except as provided in this section, no statement made by any person to an authorized officer in the course of an investigation made under this Act may be used as evidence.

(2) when any witness called on behalf of the prosecution or defense, other than the accused, the Court shall, at the request of the accused or the Prosecutor, referring to any statement made by the witness to the authorized officers in the course of an investigation under this Act and may then, if the Court thinks fit in the interest of Justice,

68 law Malaysia 710 ACT directing that the accused be given a copy of the statement and the statement can be used to challenge the credibility of the witness in the manner provided in the Evidence Act 1950.

(3) if the accused has made a statement during the course of an investigation, the statement is admissible as evidence in support of his defence during the course of the trial.

(4) no nothing in this section shall be deemed to apply to any statement made in the course of the parade cam or included in section 27 or paragraph 32 (1) (a), (i) and (j) of the description of 1950.

(5) upon any person charged with such offences in respect of — (a) manufacturing; or (b) the content of, any statement made by him to a authorized officers during the conduct of an investigation made under this Act, the statement can be used as evidence in the prosecution case.


Forfeiture of a computer, books, accounts, etc., seized 56. (1) any computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or items seized can be dilucuthakkan.

(2) an order for forfeiture of a computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or goods seized and may be dilucuthakkan under this Act shall be made by the Court before which the prosecution in respect of the Credit Reporting Agencies held 69 if it is proved to the satisfaction of the Court that an offence under this Act has been committed and that the computer , books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or thing seized is a matter for or was used in the Commission of the offence, though none has been convicted of the offence.

(3) if there is no prosecution in respect of any computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or thing seized under this Act, computers, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment and items shall be taken into account and be deemed to be forfeited upon the expiry of one calendar month from the date of delivery of the notice to the address last known to the person from whom the computer , books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or goods seized stating that there is no prosecution in respect of a computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or goods that, unless before the expiry of such period a claim therefor is made in the manner specified in subsection (4) , (5) and (6).

(4) any person claiming that he is the owner of a computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or thing referred to in subsection (3) and that the computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or items that could not be dilucuthakkan may, in person or by his agent authorized in writing , notice to the authorized officers that are in his possession a computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or items held that he was studying computers, books, accounts, computerised data or 70 laws of Malaysia ACT 710 other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or items that.

(5) where notice under subsection (4) is received, authorized officers shall refer the matter to the magistrate's Court for its decision.

(6) a magistrate that the matter referred to it under subsection (5) shall issue a summons requiring the person to claim that he is the owner of a computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or items and people from whom the computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets , sheets, notices, fittings, equipment or goods it seized to appear before the Magistrate, and when they are present or when they are not present, having proved that the summons has been duly served, the Magistrate shall proceed with examination of the matter and, upon proof that an offence under this Act has been committed and that a computer, books, accounts, computerised data or other documents, signage , cards, letters, pamphlets, sheet, notice, fittings, equipment or thing seized is a matter for or was used in the Commission of such offence, the Magistrate shall order that a computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or items that dilucuthakkan, and shall, if there is no such evidence, ordered its divestment.

(7) any computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or thing dilucuthakkan or be deemed to be forfeited shall be submitted to the Registrar and shall be disposed of in such manner as the Registrar may think fit.




Credit Reporting agencies Merger offence 57 71. Notwithstanding anything contained in section 164 criminal procedure code, if a person is accused of committing more than one offence under this Act, he may be charged with and tried in a trial for any number of offences in the period of time for any period of time.


The power of arrest 58. (1) An authorized officer or police officer may arrest without warrant any person whom he reasonably believes has committed or attempted to commit an offence under this Act.

(2) An authorized officer who made the arrest under subsection (1) shall without unnecessary delay hand over the person arrested to the nearest police officer or, if no police officer, bring that person

to the nearest police station, and then that person shall be dealt with as provided by the law relating to criminal procedure in force as if he was arrested by a police officer.


PART VIII VARIOUS appeals to the Minister's 59. (1) any person aggrieved by the decision of the Registrar may appeal to the Minister.

(2) an appeal shall be made in writing to the Minister within thirty days from the date of the Registrar's decision or, in the case of an enforcement notice, within thirty 72 laws of Malaysia ACT 710 days after enforcement notice communicated to the respective credit reporting agency, and the appellant shall serve a copy of the appeal to the Registrar.

(3) the appeal shall state briefly the content of the decision of the Registrar appealed to the Minister, containing an address where any notice or document relating to the appeal may be served upon the appellant or Attorney belanya, and shall be signed by the appellant or Attorney belanya.

(4) pending the results of an appeal by the Minister, a decision of the Registrar shall be valid, binding and enforceable, unless an appeal against an enforcement notice has been made to the Minister in accordance with subsection (2), or a suspension of the decision of the Registrar has been requested under subsection (5) and approved by the Minister.

(5) any person aggrieved may apply in writing to the Minister for a suspension of the decision of the Registrar on or after an appeal has been made to the Minister under subsection (1).

(6) the Minister shall, after considering the appeal, make any decision it deems fit and the decision of the Minister shall be final and binding on the parties in the appeal.


Exclusions 60. (1) the Minister may, on the recommendation of the Registrar, if it deems consistent with the purposes of this Act or in the public interest, by order published in the Gazette exempt a credit reporting agency, a person or any class, category or description of persons, from all or any provisions of this Act for such period and subject to any terms and conditions specified by the Minister.

Credit Reporting Agency 73 (2) the Minister may at any time, on the recommendation of the Registrar, by order published in the Gazette, revoke any order made under subsection (1).


Transfer of credit information to places outside Malaysia 61. (1) a credit reporting agency may not transfer any credit information on customers to a place outside Malaysia unless to any place specified by the Minister, on the recommendation of the Registrar, by notification published in the Gazette.

(2) for the purposes of subsection (1), the Minister may declare any place outside Malaysia if — (a) in place of the effect of any law that is largely similar to the laws that provided for under this Act, or that can be used for the same meaning with this Act; or (b) place that ensure an adequate level of protection in relation to the processing of credit information that is at least equivalent to the level of protection provided by this Act.

(3) Notwithstanding subsection (1), a credit reporting agency may transfer any credit information to a place outside Malaysia if — (a) the customer has given consent of the transfer;

(b) the transfer is necessary for the performance of a contract between the customer and the credit reporting agencies;

(c) the transfer is necessary for the completion or implementation of a contract between the agencies reporting 74 laws of Malaysia ACT 710 that credit to an IPO or other person — (i) made upon request of the customer; or (ii) is in the interest of the customers;

(d) the transfer is for the purposes of any legal proceedings or for the purpose of getting legal advice or to establish, exercise or defend legal rights;

(e) the credit reporting agency has reasonable grounds to believe that in all the circumstances on that point — (i) the transfer is to avoid or reduce unsatisfactory credit action against the customer;

(ii) it is not practicable to obtain the written consent of the customers regarding the transfer; and (iii) if the agreement can be obtained in practice that customers will give consent;

(f) the credit reporting agencies have taken all preventive measures that are reasonable and conducted all due diligence to ensure that the credit information will not be processed in that place in such a way that, if the place is Malaysia, would be a violation of this Act; or (g) the transfer is necessary to protect the interest of the customers or credit information databases owned by the credit reporting agency.
Credit Reporting agencies, 75 (4) If the Registrar has reasonable grounds to believe that in a place specified under subsection (1) any law that is largely similar to the laws that provided for under this Act or that can be used for the same meaning with this Act is no longer in force — (a) the Registrar shall make such recommendations to the Minister which shall be , either cancel or amend notification made under subsection (1), cause the place cease to be a place of credit information can be transferred to him under this section; and (b) the credit reporting agency must stop transfer any credit information about a customer to that place since the period of time specified by the Minister in the notification.

(5) a credit reporting agency who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


The collection, etc., of credit information with unlawful 62. (1) a person shall not in disedarinya or recklessly, without the consent of the credit reporting agencies — (a) collect or disclose credit information held by the credit reporting agency; or 76 laws of Malaysia ACT 710 (b) obtain disclosure of credit information

held by the credit reporting agency to others.

(2) subsection (1) shall not apply to someone who shows — (a) that the collection or disclosure of credit information or disclosure of the acquisition credit information — (i) necessary for the purpose of preventing or detecting a crime or for the purpose of investigation;
or (ii) required or permitted by or under any law or by a court order;

(b) that he acted on the reasonable belief that he has a right in law to collect or disclose information the credit or to obtain disclosure of credit information to others; or (c) that he acted on the reasonable belief that he will get the agreement of the credit reporting agencies if that credit reporting agencies know about the collection or disclosure of such credit information or disclosure of the acquisition credit information and the circumstances of it.

(3) a person who collect or disclose credit information or obtain disclosure of credit information in contravention of subsection (1) commits an offence.

(4) any person selling credit information commits an offence if he has been collecting the credit information in contravention of subsection (1).
Credit Reporting agencies 77 (5) any person offering to sell credit information is guilty of an offence if — (a) he has been collecting the credit information in contravention of subsection (1); or (b) he then collect credit information is in contravention of subsection (1).

(6) for the purposes of subsection (5), an advertisement indicating that credit information is for sale or is likely to be sold is an offer to sell the credit information.

(7) a person who commits an offence under this section shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding two years or to both.


Abetment and attempt is punishable as an offence of 63. (1) a person who is an accomplice in the Commission of or attempt to commit any offence under this Act shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for the offence.

(2) any person who commits any act preparatory to or as an extension to the Commission of any offence under this Act shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for the offence: provided that such term of imprisonment imposed shall not exceed half of the maximum term provided for that offence.



78 laws of Malaysia ACT 710 compounding of offences 64. (1) the Registrar may, with the written consent of the public prosecutor, compound any offence committed by any person under this Act and which are designated as offences can compound with make an offer in writing to the person suspected to have committed the offence to compound the offence on payment to the Registrar of an amount not exceeding fifty per cent of the amount of the maximum fine for the offence within the time stated in the offer of literary skills.

(2) an offer under subsection (1) may be made at any time after the offence committed but before any prosecution for him started, and if the amount specified in the offer is not paid within the time stated in the offer or any extension of time granted by the Registrar, a prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.

(3) If an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer is made, compound and any computer, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or items seized in connection with the offence be released or dilucuthakkan by the Registrar, subject to such terms and conditions as he thinks fit to impose upon such terms as the compound.

(4) All sums received by the Registrar under this section shall be paid into the Federal Consolidated Fund.


Offences by body corporate 65. (1) where a body corporate commits an offence under this Act, any person who at the time of the Credit Reporting Agency 79 offence is a Director or officer of the body corporate or is purporting to act upon any such nature or in such a way or up to any extent is responsible for the management of any Affairs of the body corporate or assist in the management of such — (a) may separately or in association in the same proceedings together with the body corporate; and (b) if the body corporate is found to have committed the offence, shall be deemed to have committed the offence unless, having regard to the type of functions on the properties and all the circumstances, he proves — (i) that the offence was committed without the knowledge, consent or pembiarannya; and (ii) that he took all reasonable precautions are reasonable and have carried out due diligence to avoid the Commission of the offence.

(2) if any person shall be liable to any penalty or penalties under this Act for the Act, omission, neglect or disbelief, he shall be liable to the same punishment or penalty for every act, omission, neglect or default of any employee or his agent, or employee of the agent, if the Act, omission, neglect or default that was done — (a) by an employee of that person within its employment;
(b) by the agent while acting on behalf of that person; or 80 laws of Malaysia ACT 710 (c) by the agent within its employment with the agent or otherwise on behalf of the agent acting on behalf of that person.


Prosecution 66. No prosecution for an offence under this Act shall be instituted except by or with the written consent of the public prosecutor.


Jurisdiction to try offences 67. Notwithstanding any other written law to the contrary, the sessions Court shall have jurisdiction to try any offence under this Act and

impose a sentence full for any such offences under this Act.


Service of notice or other document 68. (1) service of a notice or any other document to any person shall be executed — (a) by sending submit the notice or other document to that person;

(b) by leaving the notice or other document at the residential address or place of business of the person known to end in an envelope addressed to the person; or (c) by sending the notice or other document by post in a registered letter acknowledgement of receipt addressed to that person at the address of his residence or place of business the end unknown.
Credit Reporting Agency 81 (2) if the person to have addressed a letter registered with acknowledgement of receipt containing any notice or other document which may be granted under this Act be notified of the fact that there is a registered letter Acknowledgement that is being menunggunya in a post office, and such person refuses or ignore to take registered letter Acknowledging that, notice or other document shall be deemed to have been communicated to it on the date he notified such.


Protection against legal and legal proceedings 69. No action, suit, prosecution or other proceedings may be taken or brought, instituted or maintained in any court against — (a) the Registrar;

(b) any Deputy Registrar, Assistant Registrar, authorized officer or any officer of the Registrar; or (c) any person lawfully acting on behalf of the Registrar, in respect of any act or omission done or omitted by him in good faith on such properties.


The whistleblower protection 70. (1) except as provided in subsection (2) and (3), no witness in any civil or criminal proceedings pursuant to this Act shall be required or permitted to disclose the name or address of any informer or the content and type of information received therefrom or declare any matter that may cause she known.
82 of law Malaysia 710 ACT (2) if any computers, books, accounts, computerised data or other documents, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or items which constitute or which may be inspected in any civil or criminal proceedings whatsoever contains any entries that naming or describing any whistleblower it or that may cause she known, the Court shall cause to all the entries closed from sight or deleted only to the extent necessary to protect the informant from known.

(3) if in any proceedings for any offence under this Act, the Court, after full inquiry into the case, is of the opinion that the informant intentionally make in aduannya a statement of material which he knows or believes is false or does not believe to be true, or if in any other proceedings the Court is of the opinion that justice cannot be carried out solely between the parties in the proceedings without knowing the informant , the Court may require the production of the original complaint, if written, and allow the investigation and require full disclosure concerning the informer.


Obligations of confidentiality of 71. (1) except for any purpose of this Act or for the purpose of any civil or criminal proceedings under any written law or if otherwise authorized by the Minister may — (a) the Registrar, Deputy Registrar, Assistant Registrar, authorized officers or officials of the Registrar, whether during or after the term of Office or its employment, cannot disclose any information diperolehnya while performing his duties; Credit Reporting Agencies and 83 (b) No person who has been through such a way gain access to any information or document relating to the Affairs of the Registrar may disclose information or document.

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.


Power of Minister to make regulations 72. (1) the Minister may make such regulations as are necessary or expedient for the purposes of the implementation of the provisions of this Act.

(2) without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for all or any of the following purposes: (a) to regulate all matters relating to the registration of the credit reporting agencies, including prescribing registration fees and renewal fees;

(b) allot and prescribe such fees to be charged by credit reporting agencies and any other fees payable in connection with the procurement of any service or any matter under this Act;

(c) regulate the procedure in respect of inspection data system, investigation of complaints and the issuance of a notice of enforcement of, and all matters related to it;

(d) prescribing offences can be compounded and the form to be used and the methods and procedures for the compounding of such offence;
84 laws of Malaysia ACT 710 (e) prescribing any matter to which this Act makes provision for real to be made through regulations;

(f) prescribing all other things as are necessary or expedient for implementing this Act.

(3) regulations made under this section or any subsidiary legislation made under this Act may specify any act or omission in violation of regulations or other subsidiary legislation is to be an offence and may prescribe penalties to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.


Prevention of anomalies 73. (1) the Minister may, by order published in the Gazette, make any modifications to the provisions of this Act that it appears to him necessary or expedient for the purpose of removing any inconvenience or preventing any anomalies due to commencement of this Act.

(2) the Minister may not exercise the powers conferred by subsection (1) after the expiration of one year from the date specified.

(3) in this section, "modifications" means the amendment, addition, deletion and replacement of any of the provisions of this Act.



Minister's power to amend the first schedule Second Schedule and 74. The Minister may, on the recommendation of the Registrar, from time to time, by order published in the Gazette, amend, delete, add, replace, or otherwise amend the first schedule and the second schedule.
Credit Reporting Agency the power to remove 85 summary of rights, code of practice, etc.

75. (1) the Registrar shall issue a summary of Rights in any form and manner determined by him that contains information about the credit reporting agency and a summary of the customer's rights in respect of transactions involving the credit reporting agencies as provided under this Act.

(2) the Registrar may issue in General with respect to this Act or in respect of any particular provision of this Act, or in General with respect to the exercise of all or any of the credit reporting agencies, from time to time, code of practice, guidelines, circulars or notes as are necessary or expedient to implement fully the provisions of this Act, to perform or achieve the objects and purposes of this Act or any of its provisions , or for the implementation of the provisions of this Act further, better and easier.


Personal Data Protection Act 2009 not applicable 76. The provisions of the Personal Data Protection Act 2009 [Act 709] shall not apply to the processing of credit information by a credit reporting agency.


PART IX TRANSITIONAL and SAVING PROVISIONS do business credit reporting before the commencement of this Act 77. (1) any person who has run a business credit reporting before the date specified may continue the business as if this Act was not enacted for a period of three months from the date specified or any 86 laws of Malaysia ACT 710 other period permitted in writing by the Registrar, is called the "grace period", and shall, if he or it intends to continue with the conduct of the business after the expiry of the grace period , make an application for registration as a credit reporting agency under section 13 of the grace period.

(2) if the applicant has been registered as a credit reporting agency by the Registrar of credit reporting agencies, shall within six months from the expiry of the grace period that full compliance with the provisions of this Act in respect of all credit information is collected and processed further, whether before or after the date set, by the credit reporting agency for the purpose of carrying out the credit reporting business.

(3) if the applicant did not apply to be registered as a credit reporting agency or its registration as a credit reporting agency was rejected upon the expiry of the grace period, he or it shall immediately stop collecting and processing further all credit information for the purpose of carrying on a business credit reporting, regardless of whether the credit information has been collected or processed further before or after the date specified.

(4) any person referred to in subsection (1) who is aggrieved by the decision of the Registrar that refuse to approve the registration as a credit reporting agency under section 14 may appeal to the Minister under section 18.

(5) the grace period granted to a person under subsection (1) will the expiration of — (a) in the case of a person who did not apply for registration as a credit reporting agency, at the expiry of the grace period; Credit Reporting Agency or 87 (b) in the case of a person who has applied for registration as a credit reporting agency — (i) on the date of its application for registration as a credit reporting agency has been approved by the Registrar and a certificate of registration was issued;

(ii) at the date of delivery of the notice issued under subsection 14 (3) stating that its application for registration was rejected by the Registrar; or (iii) on the determination of the appeal to the Minister under section 18.

88 the laws of Malaysia ACT FIRST TABLE 710 [section 2] details of CREDIT INFORMATION 1. Identification information.

(a) Individuals: (i) name (ii) any alias or the name of the previous (iii) identity card number or other identification number (iv) Nationality Gender (v) (vi) (vii) date of birth Address Occupation (viii) (ix) any previous jobs Employers (x) (xi) any previous employer (xii) contact (b) bodies corporate or unincorporated body: (i) name (ii) registration number/license number/number permits (iii) date of the registration/date of incorporation (iv) Country operates (v) types of entities (vi) address (including the main office and branch offices) (vii) numbers contact 2. Information about the credit facility (a) the information reported by credit providers of credit by an application for a client and information on approved credit for Credit Reporting Agencies: 89 (i) identity of the credit provider (ii) date of application (iii) the reference number of the application (iv) the ability of the customer (whether as borrower or guarantor) (v) the amount requested (vi) Position application (pending, approved , net, etc.)
(vii) date position (viii) reason for refusal (ix) the amount of credit or the credit limit approved (x) date of approval (xi) account number (xii) types of credit approved (xiii) of the original time period (xiv) the term of repayment of principal (xv) position of legal action (xvi) the date of legal action (xvii) the kind of collateral (xviii) (xix) Value collateral details of collateral (b) information about the repayment of credit: (i) the amount of the last to be paid monthly in arrears (ii) (iii) Outstanding installment (iv) the amount of payment made during the reporting period on (v) credit balance or outstanding balance (vi) Position account (outstanding, Closed, Completed, Deleted, etc.)

(c) information: 90 credit investigation law Malaysia 710 ACT (i) the identity of the person who subscribed to/other people who make credit investigation (ii) date and time of the credit investigation (iii) introduction of specific people who made enquiries credit (iv) introduction of customers who investigated.




SECOND SCHEDULE [section 2] CREDIT PROVIDERS 1. Institution that is licensed under * the Islamic Banking Act 1983 [Act 276], * * of the banking and financial institutions Act 1989 [Act 372] or * * * the Insurance Act 1996 [Act 553];


2. Any person who carries on the scheduled business as defined in subsection 2 (1) † of the banking and financial institutions Act 1989;

3. Institutions required under the development financial institutions Act 2002 [Act 618];

4. The takaful operator registered under † † Takaful Act 1984 [Act 312];

5. Payment instrument issuer specified approved under † † † payment systems Act 2003 [Act 627];

* NOTE — the Islamic Banking Act 1983 [Act 276] was repealed by the Islamic financial services Act 2013 [Act 759] — see section 282 of the Act 759. * * NOTE — of the banking and financial institutions Act 1989 [Act 372] has been repealed by the Financial Services Act 2013 [Act 758] — see section 271 of the Act 758. NOTE — the Insurance Act 1996 [Act 553] has been repealed by the Financial Services Act 2013 [Act 758] — see section 271 of the Act 758. † ENTRIES — of the banking and financial institutions Act 1989 [Act 372] has been repealed by the Financial Services Act 2013 [Act 758] — see section 271 of the Act 758. † † ENTRIES — the Takaful Act 1984 [Act 312] was repealed by the Islamic financial services Act 2013 [Act 759] — see section 282 of the Act 759. † † † ENTRIES — the payment systems Act 2003 [Act 627] has been repealed by the Financial Services Act 2013 [Act 758] — see section 271 of the Act 758.

Credit Reporting agencies 91 6. Moneylenders licensed under the moneylenders Act 1951 [Act 400];

7. Pawnbroker licensed under Pawnbroker Act 1972 [Act 81];

8. Association registered under the Association Act 1971 [Act 44];

9. A co-operative society registered under the co-operative Societies Act 1993 [Act 502].





THIRD SCHEDULE [paragraphs 14 (1) (b) and subsection 21 (1)] the Chief Executive and a Director shall be a person who "fit and proper" 1. (1) when determining whether someone is a "fit and proper person" to hold or who will hold the post of Chief Executives or directors of a credit reporting agency, attention must be given to the following criteria, namely – (a) kejujurannya, integrity and wisdom of its consideration to fulfil the posts;

(b) efforts to it she is fulfilling or likely to perform the obligation; and (c) whether the interests of the credit reporting agencies, those who subscribe or others, customers and the public are, or ought to be, with any other manner threatened due to the posts.

(2) without prejudice to the generality of the foregoing, attention may be given to the exercise of the business activity and the earlier the person concerned and, in particular, to any evidence that he or she — (a) has compounded or conviction, or as a Chief Executive or Director, has resulted in compounded or conviction, an offence punishable with — 92 law Malaysia 710 ACT (i) imprisonment for one year or more , whether imprisonment only, or in lieu of a fine, or in addition to the penalty; or (ii) a fine of twenty thousand dollars or more; or (b) engaging in or is associated with any business practice, or otherwise behave with such way up to raise doubts about the integrity and wisdom of its consideration.


Additional criteria for the Chief Executive 2. A person who is being, or will be, the Chief Executive of a credit reporting agency — (a) shall have the qualifications education and experience that will enable it to perform its duties satisfactorily;

(b) cannot be served in a position of responsibility in the management of a company that has been convicted of an offence under any law – legal writing during the period of his Office, unless he proves that the offence was committed without the knowledge or persetujuannnya and he could not prevent the offence;

(c) cannot be served in a position of responsibility in the management of any company that during the period of his Office — (i) have defaults in payment of what is – what is the amount of money judgment against him;

(ii) has suspended payments or have made solution with pemiutang–pemiutangnya; or (iii) has been appointed in respect of property of a receiver or Manager;

(d) shall be ready for full-time employment, and should not be carrying out business or profession – what, other than non-executive directors or shareholders of other companies; Credit Reporting Agencies and 93 (e) never act in a way that raises doubts about their suitability to hold office as the Chief Executive, or acting in terang–terangan without regard to proper professional conduct, particularly in transactions with people who subscribe to or others, customers and the general public.

Additional criteria for directors 3. A person who is being, or will be, a Director of a credit reporting agency — (a) shall have the qualifications education and experience that will enable them to exercise and perform its duties;

(b) can't ever act in a way that raises doubts about their suitability to hold office as a Director; and (c) may not ever take part in what – what Act or decision of the Board or the management of the credit reporting agencies that are prejudicial to his interests.

Other criteria as may be prescribed by the Minister 4. The Minister may, with the consent of the Registrar, sets out what – what other additional criteria as are necessary or expedient for the purpose of protecting the interests of the credit reporting agencies, those who subscribe or others, customers and the general public.


The discretion of the Registrar. The Registrar shall have full discretion to determine whether a person has complied with this table.








94 laws of Malaysia ACT 710 FOURTH SCHEDULE [paragraphs 26 (3) (d)] A SUBSCRIPTION AGREEMENT subscription agreement ("Agreement") shall include provisions which impose the following obligations on the person who subscribed to: 1. If the credit reporting agencies collect credit information directly or indirectly from the customer to disclosed to a subscription, that credit reporting agencies shall inform customers

about the purposes for which that credit reporting agencies collect credit information and the purposes for which that credit information will be processed further.

2. credit reporting Agencies cannot disclose credit information to people who subscribe to without taking any steps, according to the circumstances, it is reasonable to ensure that credit information is accurate, up-to-date, complete, relevant and not misleading.

3. credit reporting Agencies shall, as soon as reasonably practicable, updating any credit information was disclosed previously to people who subscribe to and ensure that credit information is always being accurate, up-to-date, complete, relevant and not misleading.

4. Those who subscribe undertakes that it will take all necessary steps to maintain the security and confidentiality of stringently credit information obtained or presented, documents and records kept, whether obtained from the credit reporting agency or otherwise, and any other matter related to this agreement done, whether before the effective date of this agreement , during the term of this agreement or after the expiration or termination of this agreement.

5. People who subscribe undertakes that it will take any necessary steps to ensure that its employees, agents or any other person who may have access to the confidential credit information will not disclose or use information that credit other than in accordance with this agreement.

6. The person subscribing must immediately cooperate with credit reporting in its efforts to investigate and resolve complaints and request correction of information on credit.

7. People who subscribed to shall take reasonable steps to safeguard credit information held by it from access, use, Credit Reporting Agency 95 modification or unauthorized disclosure or improper, including the following: (a) develop written policies and procedures to be followed by employees, agents and suppliers;

(b) establish control, including — (i) the use of a password, token qualified digital signature or other mechanism; and (ii) user identification;

(c) provide information and training to ensure compliance with policies, procedures and controls it;

(d) monitor the use and review on a regular basis the compliance policies, procedures and controls it;

(e) take appropriate action in respect of the infringement identified on the policies, procedures and controls it; and (f) maintain a log of all access, amendment and audit trail to credit information has been given to it by the credit reporting agency.












96 laws of MALAYSIA Act CREDIT REPORTING AGENCIES ACT 710 2010 LIST AMENDMENT of laws that amend the short title effect from-No-97 laws of MALAYSIA Act CREDIT REPORTING AGENCIES ACT 710 2010 LIST SECTION AMENDED Section Power amend with effect from-no-