Privacy Policy

PRIVACY NOTICE:


Collection, Recording and Retention of Personal Information


The Personal Data Protection Act 2010 ("the Act") is an Act is passed by the Malaysian Government sets our privacy principles and to regulate the processing of personal data in a commercial transaction. To comply with Section 7 of the Act, the Advocates Association of Sarawak ("AAS") is required to inform the public how AAS collects, uses, discloses and stores personal information. This notice is also intended to be a resources for AAS personnel and a source of information for the members of AAS personnel and a source of information for the members of AAS and the legal profession and members of the public. This notice is not intended as a substitute for legal advice.


In the event that another law authorises or requires personal information to be made available or to be used in a specific way, this will override the applicable information privacy principle. The Act also provides that other statutes which prohibit or restrict the availability of personal information take precedence over the applicable information privacy principles.




What personal information is collected by AAS?


AAS collects personal information about individuals for purpose connected with AAS's regulatory or representative functions, or both.


The Specific personal information AAS collects in a any particular circumstance will depend on what it is being collected. For example, for purposes of issuing Letter of No Objection (e-LONO) in regards to issuing of Letter of No Objection for purpose of renewal of Practicing Certificate. Or in the even of queries and complaints, under the Advocates Ordinance of Sarawak, its bylaws, policies, Inquiry Committee Rules, Advocates Practice & Etiquette Rules, AAS Constitution and rules that set out the information that must be collected by AAS for a particular regulatory purpose.


The personal information AAS may collect about and induvial for purposes connected with AAS regulatory or representative functions or both includes:


  • Identity information such as an individual's name, any former names and date of birth together with verification documents,
  • Contact information such as phone number and email address.
  • Information AAS collects to keep and maintain the register of advocates under any relevant rules, such as when and where the advocate was admitted and if the advocate is intending to provide certain services required by law.
  • Information relevant to any application an individual may be making to AAS. For example, if an individual is applying for Certificate of Good Character, AAS will collect information relevant to assessing the individual's qualifications, character, and fitness for admission as an Advocate in the High Court of Sabah and Sarawak including intended date of admission, tertiary qualifications, and employment history.
  • Information to enable a member of the public to contact a suitable advocate to carry out legal work.
  • Information relating to an advocate's continuing professional development, including information to enable the AAS to carry out an audit or verification of courses, trainings, seminars attended.

Information necessary to process, resolve and/or determine a complaint, inquiry or disciplinary matter or carry out an investigation or review.


Information to monitor compliance with directives made to or by AAS Central Committee and/or respective AAS Branches, the Inquiry Committee, or the Judiciary in compliance with undertakings given to AAS and to relevant entities.


AAS may also request personal information such as an individual's title, gender, and ethnicity for the purposes specified below.




How AAS collect personal information?


  • AAS may collect personal information directly from an individual any time the individual interacts with AAS. For example, the AAS may collect personal information directly from an individual when:
  • the individual communicates with AAS by post, phone, website, forms or email;
  • an application or other form is completed and submitted to AAS; or
  • the individual submits personal information through AAS's website or other online platforms. AAS may also collect personal information about an individual from third parties if the individual has authorised the AAS to do so. For example, the individual has authorised AAS to make independent inquiries for the purpose of assessing the individual's application for the Certificate of Good Character or e-LONO for Practicing Certificate by the High Court of Sabah and Sarawak);
  • If obtaining the information directly from the individual would prejudice the purpose of the collection. For example, of an individual makes a complaint about a advocate or member of AAS; AAS will collect personal information about the advocate or member of AAS from the individual complainant and may potentially collect personal information about the advocate or member of AAS from people or entities related to the advocate of AAS);

When an individual visits or uses AAS website, AAS collects general information such as the user's internet protocol address, browser type and other technical information. AAS uses this information together with cookies to administer its website and to gain a better understanding of users and how they use AAS website. However, these information are not personal information.




Purpose of which personal information is processed

Regulatory functions:


AAS collects information, including personal information so that AAS can carry out the following regulatory functions:-


  • Controlling and regulating the practice of solicitors and advocates in Sarawak;
  • Upholding the fundamental obligations imposed on advocates who provide regulated services;
  • Monitoring and enforcing the provisions of the Advocates Ordinance of Sarawak, its rules and bylaws, AAS's rules and regulation, Inquiry Committee Rules, etc.
  • Assisting and promoting the reform of law.

Information collected an held by AAS for regulator purposes may be used by AAS to inform decision making about the individual(s) in relation to other aspects of AAS's regulatory functions.


In some circumstances, the Advocates Ordinance of Sarawak, Practice & Etiquette rules and AAS rules and bylaws may require information that must be collected by AAS to carry out its regulatory functions. For example, AAS to establish and maintain a register of advocates and sets out specific information that the register must contain.




Representative functions:


AAS also collects information including personal information, so that AAS can carry out its representative functions under AAS which are to represent its members and serve their interests.


As a membership body, AAS provides:


  • State and national representative services for advocates across Sarawak, Malaysia
  • Representation and support of the profession, with 4 branches across Sarawak
  • Members of AAS have access to range of services including education, networking, assistance, information, technical guidance, support and advice. AAS also undertakes extensive advocacy for the benefit of the profession.
  • AAS keeps and maintain a register of members and information collected by AAS is to carry out is representative functions such as:-
  • sending information about membership matters, events, networking opportunities and other membership services including activities between respective Law Societies, Judiciary functions, other Society functions, NGOs and Government events.
  • Seeking feedback on purposed legislation and amendments and other section or group issues;
  • Identifying whether advocates are part of a particular section or group;
  • Planning and research purposes; and
  • AAS Legal Aid and Yayasan Bantuan Guaman Kebangsaan information.

AAS shall also have specialist representative sections and groups that give members who have common interest in any area of branch of law, or any legal activity, or any other legally associated matter an opportunity to promote that interest in association with others and not limited to discussing and debating issues of interests, study legal matters and preparing and disseminating reports, studies and recommendations.


AAS may use third parties for providing polling, research, booking and event management services and other services to carry out its representative functions.




Regulatory and Representative functions


AAS also may time to time collect personal information that used for both regulatory and its representative function. Eg. collects and uses identity and contact information for both purposes.


We may publish anonymized aggregate data on other matters such as advocate's location, time spent practicing, areas of work and polling results.




Disclosure of Personal Data


  • AAS will generally only use or disclose personal information for the purpose for which it was obtained. These purposes are set out in this policy, or at the point of collection. AAS may use or disclose personal information for another purpose if the individual concerned authorizes the other use or disclosure, or AAS is otherwise permitted to do so under the Act, the Rules or any other law, government or quasi-government and regulatory authorises in Malaysia and in countries where by the matter of qualification(s) is required for confirmation of LL.B. For example, Land and Survey require confirmation of advocate's status and Practicing Certificate confirmation, or limited situations where information about complaints, investigations or trust account inspections may be disclosed to certain agencies including but not limited to members of the police or investigation of fraud and who are performing their duties. For example, confirmation of requests by the Bar Council of West Malaysia and Sabah Law Society which requires confirmation and status of a advocate or member for the purpose of their regulatory and decision making functions. For example Bar Council request information such as personal information, practice, status of practice of a member or advocate. Before using or disclosing personal information to any third party, AAS takes reasonable steps to ensure that the information is accurate, up to date, complete, relevant, and not misleading.
  • If it is necessary for personal information to be given by AAS to any third party to carry out services on behalf of AAS, everything reasonably within the power of AAS is done to prevent unauthorized use or disclosure of the information by that third party.



Storage, Access, Correction, Requests and Inquiries


AAS handles significant volumes of information including personal information for the purposes of its regulatory and representative functions. Much of this is handled electronically or by manual fillings. We have policies and procedures in place to help protect personal information from unauthorized access, use, modification and disclosure, and other misuse.


  • Access to electronically stored information held by AAS is controlled through user passwords and where appropriate, multi-factor authentication. Different arms and branches of AAS have secure areas designated for the electronic storage of information and access to these areas is restricted to AAS personnel who require access to carry out their roles. AAS employs firewalls and virus scanning tools to protect against authorized persons and viruses entering our computer system. AAS only holds personal information for as long as the information no longer required to be held is deleted or securely destroyed.

Under the Act, an individual has the right to request access to their personal information. There are limited grounds upon which AAS may refuse to disclose personal information. These include situations where the provision of information would breach legal professional privilege or where disclosure would lead to the unwarranted disclosure of the affairs of another person. If any individual believes their personal information is inaccurate, they may request AAS to correct the information. You can make a request for access to or correction of your personal information by contacting AAS at 085-430476 number or email or both.




Revision of Notice


AAS reserves their right to update this Privacy Policy from time to time reflect the changes in law, practices and policies.