Every day, clinics, dental practices and pharmacies across Malaysia handle some of the most private information a person can share while unfortunately, personal data compliance is often overlooked.
As this creates legal and reputational risk under the Personal Data Protection Act 2010 (PDPA), our guide explains the practical PDPA obligations that clinic, dental and pharmacy operators in Malaysia should understand.
Must medical practitioners register under PDPA?
In many cases, yes. Healthcare providers fall under the Health Sector, which is one of the prescribed classes under the PDPA registration framework. This may include:
- licence holders under the Private Healthcare Facilities and Services Act 1998
- private medical clinics
- private dental clinics
- pharmacy operators registered under the Registration of Pharmacists Act 1951
If your business falls within the prescribed category, registration as a data controller is required. Failure to register is not merely theoretical, enforcement action has previously been taken against businesses in prescribed sectors for non-compliance. If you are unsure, you can refer to our step-by-step guide on data controller registration.
Do you need a Data Protection Officer?
Some healthcare businesses may be required to appoint a Data Protection Officer (DPO), especially where they process a large volume of personal data. Under the current framework, this may be relevant where an organisation processes:
- more than 20,000 individuals’ personal data, or
- more than 10,000 individuals’ sensitive personal data
Sensitive personal data includes a patient’s:
- physical or mental health condition
- religious beliefs
- political opinions
- commission of offences
- biometric data
- other categories prescribed by law
Patient records, prescriptions, consultation notes, laboratory results, dental records, and treatment history fall within this category. This means even a medium-sized clinic may reach the threshold more quickly than expected.
If you are unsure whether your organisation requires a DPO or how to appoint one, you can refer to our guide on DPO requirements and responsibilities.
Why healthcare faces higher risk
In simple terms, healthcare providers face greater PDPA exposure because they often deal with a higher consent standard for sensitive data and data breaches that may more readily trigger mandatory reporting obligations.
Explicit consent requirement
Under the PDPA, explicit consent is required before processing health-related information, unless a legal exception applies. While the PDPA does not define the exact method of “explicit consent”, it is commonly understood to require a clear affirmative action by the individual, while silence or inaction or vague assumptions are usually riskier where sensitive data is involved.
Easier to trigger mandatory data breach notification
Healthcare providers should also note that under the current data breach notification framework, a breach involving sensitive personal data is more easily be considered likely to cause significant harm.
Compliance across operations
Patient registration and front desk collection
Most clinics collect personal data at the first point of contact, whether patients walk in, call, or register online. This initial stage typically involves gathering basic identifying and contact information, along with a brief indication of the patient’s condition or reason for visit.
Practical point:
- Inform patients what data is being collected
- Explain why the data is needed
- Clarify who the data may be shared with
- Provide a contact point for privacy-related matters
- Use a clear privacy notice to support compliance
Consultation and treatment records
As treatment progresses, healthcare providers generate more detailed internal records that form part of the patient’s medical history. These records are essential for continuity of care and may include consultation notes, diagnoses, treatment history, referrals, and test or lab results.
Practical point:
- Restrict access to patient records to authorised staff only
- Ensure access is role-based and limited to what is necessary
WhatsApp and appointment communications
Many clinics and pharmacies rely on WhatsApp or similar messaging tools to manage patient communications efficiently. While convenient, they also introduce privacy risks if not properly managed.
Practical point:
- Verify that messages are sent to the correct phone number
- Avoid including unnecessary medical details in messages
- Ensure only authorised staff have access to clinic devices and accounts
Sharing data with third parties
In the course of treatment and administration, patient data may be shared with external parties involved in care delivery or claims processing. This can include insurers, panel administrators, laboratories, specialists, and referral hospitals.
Practical point: Inform patients that their data may be disclosed to relevant third parties for treatment, claims, or administrative purposes
Retention of patient records
Healthcare providers often retain patient records for extended periods due to medical, legal, and operational requirements. However, retention should be managed systematically rather than indefinitely storing all records without review.
Practical point:
- Implement a clear retention policy for patient records
- Periodically review and securely archive or dispose of outdated files
Security of physical and digital records
Patient data may exist in both physical and digital formats, especially in clinics that still rely on manual systems alongside electronic ones. Ensuring the security of both forms is critical to prevent unauthorised access or disclosure.
Practical point:
- Store physical files in locked cabinets
- Avoid placing records on open shelves visible to the public
- Password-protect clinic systems and devices
- Limit staff access based on roles
- Reinforce staff confidentiality through contracts, trainings, or regular reminders
PDPA compliance checklist
At minimum, healthcare providers should take these steps to achieve basic PDPA compliance:
- assessing whether registration is required
- implementing a clear privacy notice
- securing both physical and digital files
- maintaining reasonable retention practices
- assigning internal responsibility for data protection matters
Good data protection practices also reflect professionalism, care, and confidence in your business.
PDPA compliance in 90 days with ELP
If your business requires assistance in reviewing data protection practices, preparing privacy notices, or developing PDPA compliance frameworks, our team at ELP can help ensure your organisation’s data handling practices align with the requirements of the PDPA.
