Data Sharing Act 2025 [Act 864]

An act to provide for the sharing of data under the control of a public sector agency with other public sector agencies, the establishment of the National Data Sharing Committee, the functions and powers of the Director General of the National Digital Department in relation to data sharing and other related matters.

Digital Flip Book Data Sharing Act

Data Sharing Act 2025 [Act 864]
Data Sharing Act 2025 [Act 864] English Version

Frequently Asked Questions Data Sharing Act 2025 [Act 864]

Frequently asked questions about
Data Sharing Act 2025 [Act 864]

What is the objective of the enactment of Act 864?

Provide a clear legal authority to regulate and enforce laws related to data sharing
Improve the effectiveness of data sharing implementation and management in agencies (recipients and providers of data are more harmonious and efficient)
Establish a more systematic and focused data sharing governance structure within the data sharing ecosystem

When was Act 864 gazetted?

This Act was gazetted on 20 February 2025

Has Act 864 been enforced?

This Act came into force on 28 April 2025.

Does Act 864 apply to all public sector agencies including the private sector?

This Act applies to the Federal Government

What is the source of the establishment of the National Data Sharing Committee?

The Committee was established under the Data Sharing Act 2025 [Act 864], Part II, Section 5.

What is the Function of this Committee?

Subsection 6(1), Act 864 provides for the Committee’s Functions as follows:

1. To make policies and strategies relating to data sharing under the Data Sharing Act 2025 [Act 864];
2. Supervise the effective implementation of Act 864;
3. take or recommend appropriate administrative measures or actions to resolve administrative difficulties or issues arising during the implementation of Act 864;
4. Make policies relating to databases for the purpose of data sharing under Act 864; and
5. To do any other matter arising or consequential from the functions of the Committee under Act 864.

Who is authorized to appoint Committee members?

Committee members are appointed by the Honorable Minister of Digital as provided for in subsection 5(3) of Act 864.

Under what circumstances should agencies refer to the JPDN?

Agencies can refer to the JPDN through the Director General of JDN if any difficulties or administrative issues arise during the implementation of Act 864.

Who is on this Committee?

The provisions of subsection 5(2), Act 864 detail the membership of the Committee as follows:

Chairman: Secretary-General of the Digital Ministry;
Deputy Chairman: Committee member appointed as Deputy Chairman;
Secretary: Director General of the National Digital Department;
Appointed representatives from each ministry;
Representative of the Prime Minister’s Department;
Chief Government Security Officer;
Representative of the National Cyber Security Agency; and
Personal Data Protection Department Representative.

Why are there no committee members from the state?

The scope of data sharing under Act 864 only covers data sharing under the control of Federal Government agencies and Federal Statutory Bodies established under Federal law in accordance with Clause (1) of Article 74 of the Federal Constitution where Parliament has the power to enact a Data Sharing Act under item six (6), Federal List, Ninth Schedule of the Federal Constitution in respect of the Federal Government Machinery.

The membership of the Committee has been detailed as per the provisions of subsection 5(2) of Act 864.

Can this Committee invite people other than Committee members?

The Committee may invite any person to attend a Committee meeting to advise the Committee on any matter under discussion.

Can this Committee establish a Subcommittee?

Section 10 of Act 864 provides that this Committee may establish Sub-Committees as follows:

This Committee may establish any sub-committees as it deems necessary or expedient to assist the Committee in the performance of its functions.
The Committee may appoint any person to be a member of any sub-committee established.
The committee may appoint any of its members to be the chairman of any subcommittee established.
The subcommittee is subject to and acts in accordance with any instructions given by the Committee.
The subcommittee shall meet at such time, place and manner as may be determined by the chairman of the subcommittee.
The subcommittee may invite any person to attend a subcommittee meeting to advise the subcommittee on any matter under discussion.
The subcommittee may determine its own procedures.

Under what circumstances is the establishment of a subcommittee required by the JPDN?

Section 10 of Act 864 provides for the establishment of a Sub-Committee by the JPDN. Subcommittees are established to address specific issues, areas that require specific expertise, detailed attention or technical management. This allows for deeper focus, speeds up the decision-making process and involves external experts to assist the Committee in carrying out its functions.

Any inquiries regarding the Data Sharing Act 2025 [Act 864] may contact:

Act Regulatory Division
National Digital Department
bksa@jdn.gov.my

Data Sharing Act 2025 [Act 864]

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