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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
Frequently Asked Questions Data Sharing Act 2025 [Act 864]
Frequently asked questions about
Data Sharing Act 2025 [Act 864]
This Act was gazetted on 20 February 2025
This Act came into force on 28 April 2025.
This Act applies to the Federal Government
The Committee was established under the Data Sharing Act 2025 [Act 864], Part II, Section 5.
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];
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Committee members are appointed by the Honorable Minister of Digital as provided for in subsection 5(3) of Act 864.
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.
The provisions of subsection 5(2), Act 864 detail the membership of the Committee as follows:
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.
The Committee may invite any person to attend a Committee meeting to advise the Committee on any matter under discussion.
Section 10 of Act 864 provides that this Committee may establish Sub-Committees as follows:
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.
A data-sharing request must include details of the requested data, a clear purpose of the sharing (in accordance with Section 13 of Act 864), the identities of both the supplying and receiving agencies, as well as the data handling methodology (receipt, storage, usage, archiving, and destruction).
Feedback (approval, conditional approval, or rejection) must be provided within a period of 14 days from the date of receipt. Should additional time be required, the supplying agency must formally notify the requesting agency of the justification and the extension period.
The agency may refer such administrative difficulties to the Director General of the National Digital Department (JDN) for initial coordination, or escalate the matter to the National Data Sharing Committee (JPDN) if consensus is not reached.
Yes, provided that prior written consent is obtained from the data-supplying agency, and the third party shall be subject to the obligation of maintaining data security and confidentiality.
Data-sharing matters shall be managed by the Data Sharing Coordination Officer (PPPD) appointed by the Head of Department of the respective agencies?
No. The application of Act 864 is restricted solely to Federal Public Sector Agencies and Federal Statutory Bodies.
Yes, however, such sharing must be executed based on existing written laws, the consent of the data owner, and subject to the terms and conditions prescribed.
The State Government or Local Authority (PBT) may still submit a data request to the Federal Public Sector Agency. Such requests must be formally submitted to the owner or supplying agency of the data and shall be subject to the consideration, approval, as well as the legal and governance requirements of the supplying agency. It is recommended that Federal Public Sector Agencies ensure any data requests from external parties are supported by appropriate legal documents, such as agreements, contracts, or Memorandums of Understanding (MoU).
Although not bound by Act 864, State Governments and Local Authorities (PBT) are permitted and highly encouraged to utilize the Malaysian Government Central Data Exchange (MyGDX) platform provided by the National Digital Department (JDN) to execute secure electronic data sharing using Application Programming Interfaces (APIs). The use of the MyGDX platform is open to Federal Public Sector Agencies, State Governments, and Local Authorities (PBT).
No. Act 864 shall be read together with other written laws that permit data sharing. The provisions of Act 864 are additional and do not diminish the provisions of other relevant written laws.
Act 864 provides a framework for data sharing between public sector agencies, including requirements relating to security, privacy, purpose of use and controls over third parties. Act 709, on the other hand, regulates the processing of personal data in commercial transactions by parties subject to the Act. Therefore, both laws need to be considered based on the role of the parties, the type of processing and their respective scope of application.
Act 864 provides a framework for the sharing of data under the control of public sector agencies with other public sector agencies, including the purpose of sharing, request process, assessment, conditions, security and controls over third parties.
Act 709, on the other hand, regulates the processing of personal data in relation to commercial transactions by parties subject to the Act.
This needs to be considered based on the role of the parties and the scope of application of each law. Data sharing by a public sector agency must comply with Act 864, including the requirement to obtain the data provider’s consent where a third party carries out data transfer, data integration or data analytics work. If the private company processes personal data in a commercial transaction and falls within the scope of Act 709, the requirements of Act 709 must also be complied with by that party.
No. Act 864 shall be read together with other written laws that permit data sharing. The provisions of Act 864 are additional and do not diminish the provisions of other relevant written laws.
Any inquiries regarding the Data Sharing Act 2025 [Act 864] may contact:
Data Sharing and Regulation Section (SPDK)
Digital Government Division
National Digital Department
skspd@jdn.gov.my