In Aug 2020, the then 1st deputy minister of Finance, Datuk Abdul Rahim Bakri, had in replying to a question by PAS’ MP for Pasir Mas Ahmad Fadhli Shaari in Parliament said details of the RM205.49 million Tabung Harapan donors will remain undisclosed as such information are protected under the Personal Data Protection Act 2010 and the Banking and Financial Institutions Act (BAFIA) 1989.
An answer in Aug 2020 quoting a regulation, BAFIA that was already repealed 7 years ago in 2013 and replaced by the Financial Services Act 2013 (“FSA”) and the Islamic Financial Services Act 2013 (“IFSA”) which came into operation on 30 June 2013.
Was that an inadvertent error by the 1st deputy minister of finance or he was misleading Parliament?
Was the incorrect answer made deliberately?
If yes, it is a contempt of Parliament and the matter should have been raised with the then Speaker of the House and then referred to a Privileges Committee for review.
It is funny and an indication on the competence of our lawmakers, who always voiced the need for better quality answers to their questions, not to be aware of this fact.
A deputy minister quoting a regulation that has already been repealed 7 years to justify why details of the contributors to the Tabung Harapan cannot be made public!
Every one in the August House just lapped it.
Job done.
Each have fulfilled their responsibilities to the ordinary rakyat for asking and getting a response even though the basis given was crap.
Under FSA, banks are strictly prohibited from revealing depositor details or account information, carrying severe penalties for unauthorized disclosures but the FSA also has specific exceptions where banks are legally permitted or required to disclose this information.
And it is not the banks that are called to disclose the details.
It was Malaysians and civil society that called for the details to be revealed for transparency sake.
The details are with the Ministry of Finance who should have a detail list of each and every of the donor, individuals, organisations or corporates alike.
As for the excuse of the PDPA, the Personal Data Protection Act (PDPA) 2010 does not restrict the government from disclosing information.
The PDPA explicitly exempts both the Federal and State Governments of Malaysia from its legal provisions.
This means that federal ministries, state agencies, and local authorities are not bound by the PDPA’s restrictions on collecting, using, or disclosing personal data.
And under the Personal Data Protection Act (PDPA), organizations must obtain an individual's explicit, affirmative consent before collecting, using, or disclosing their personal data.
Consent must be freely given, properly recorded, and individuals have the legal right to withdraw it at any time.
At that point in time during the period where Tabung Harapan was opened to receive donations until its closure, did the Ministry of Finance carried out the above exercise where they required all the donors to give written consent before they donate?
Answer is obvious.
It is clear that the answers provided by the then 1st deputy minister of Finance, Datuk Abdul Rahim Bakri in Parliament was not only an inadvertent error but a sham response to the ordinary rakyat.
(PS Note: Some might feel offended and deemed using the picture of Mr Bean, a highly intelligence person, an insult to him. For that I apologise)
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