MEF: Review Act before move to monitor MCs

PETALING JAYA, June 19 — Malaysia Employers Federation (MEF) suggested that authorities review the Personal Data Protection Act 2010 if there are plans to implement the centralised medical certificate monitoring system.

Its executive director, Datuk Shamsuddin Bardan, said the authorities must amend the act to ensure none of its clauses are violated.

“Only a minimal part of the act need to be revised, mainly on the clause relating to disclosure of employee’s personal information,” he said.

He said although the system proposal was still at the discussion stage, it is necessary for the authorities to look into all the aspects involved.

He also stressed the importance that the system was only accessible to employers and not open to any other party.

“Even for employers, it should not be a direct access. They must be made to go through their governing body which will be appointed to handle the system to obtain information on individuals in the system,” he said.

Shamsuddin said if implemented accordingly, the system would benefit productivity in the work force as it will keep employees to be careful when they take medical leave.

“This will also act as an employee track record when employees venture into new jobs,” he said.

Legal practitioners, however, were not keen with the proposed system as they fear that employee personal information may be at jeopardy.

Lawyer Salim Bashir Bhaskaran said the system does not benefit employees. 

“Such database will favour employers and it can be a basis for employers to reject a new staff,” he said.

He suggested employers should only be allowed to obtain data of current staff and should not be allowed to gain information on future employees.

He said future employees have the rights to gain access on an individual who is still not part of their company.

“Employers should also be responsible to ensure the information of their employees obtained from the system remains within the company only,” he said.

Another lawyer Surindar Singh said a thorough study must be conducted before implementing such a system.

“It could undermined doctors’ integrity as a professional and their authority to issue medical certificates,” he said.

He said if the system is implemented it should also be limited to information of an employee being issued a medical certificate and not any personal medical condition and information.

“No one would want their medical history and information be known to others.”