Artificial Intelligence, Profiling and Automated Decision Making
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Are there any restrictions or requirements related to creating profiles of data subjects or utilizing automated decision-making for decisions related to data subjects, including with respect to artificial intelligence?

Last review date: 31 December 2024

No.

Currently, there are no specific restrictions or requirements related to creating profiles of data subjects or utilizing automated decision making for decisions related to data subjects, including with respect to artificial intelligence, but the general principles under the PDPA apply.

Note that the PDPD announced that new guidelines on profiling and automated decision making are expected to be released in the third quarter of 2025, which may introduce further restrictions and requirements.

If such restrictions or requirements exist, are they subject to any exceptions?

Last review date: 31 December 2024

N/A

Has the data privacy regulator issued guidance on data privacy and artificial intelligence, automated decision-making or profiling?

Last review date: 31 December 2024

No.

Note, however, that the PDPD announced in November 2024 that new guidelines on profiling and automated decision making are expected to be released in the third quarter of 2025.

Has the data privacy regulator taken enforcement action in relation to artificial intelligence, including automated decision-making or profiling?

Last review date: 31 December 2024

No enforcement activity to date

Do other (non-personal data or cybersecurity) laws or regulations impose restrictions on use of artificial intelligence, automated decision-making or profiling?

Last review date: 31 December 2024

Non-binding guidance or principles issued or in progress

If yes, please provide brief details and a link.

In September 2024, the Ministry of Science, Technology and Innovation published the National Guidelines on AI Governance and Ethics, which outline the following seven key principles to guide the development of responsible AI with specific guidance for the different categories of stakeholders, in support of the National Artificial Intelligence Roadmap 2021-2025:

  • Fairness
  • Reliability, safety and control
  • Privacy and security
  • Inclusiveness
  • Transparency
  • Accountability
  • Pursuit of human benefit and happiness

Here are the links to the guidelines:

The National Guidelines on AI Governance & Ethics

https://mastic.mosti.gov.my/publication/the-national-guidelines-on-ai-governance-ethics/

Artificial Intelligence Roadmap 2021-2025

https://mastic.mosti.gov.my/publication/artificial-intelligence-roadmap-2021-2025/