KUALA LUMPUR: The Malaysian Communications and Multimedia Commission (MCMC) and a company which handles mobile users’ data are seeking to strike out a lawsuit filed by PKR communications director Fahmi Fadzil over an alleged data breach.
Fahmi’s lawyer Louis Liaw said they were notified yesterday of the applications from MCMC and the data company, Nuemara (M) Sdn Bhd.
“MCMC is saying they have immunity under Section 272 of the Communications and Multimedia Act, and they should not be held responsible for implementing the minister’s order.
“Meanwhile, the company wants to strike out Fahmi’s suit, saying he does not have the legal standing to sue them and the telcos should be the right parties to sue,” he told reporters at the Sessions Court here.
Nuemera was appointed by MCMC in 2014 to manage its public cellular blocking service (PCBS). The company’s functions were to deactivate mobile devices reported stolen after receiving user details from telco companies.
The court set March 26 for the next case management.
Fahmi, who was present at the Sessions Court today, said he would challenge the basis used by MCMC and Nuemera in their bid to strike out his suit.
“I am not upset that they want to strike it out. I had expected it.
“Our contention is always the same, that this is the worst case of data leak in Malaysia,” he said.
The PKR leader filed the suit last month, claiming his personal mobile information was leaked in 2014 and that he only found out about the leak last year.
He said MCMC and Nuemera had failed to exercise their responsibilities to safeguard users’ information and inform users about the leak.
Fahmi also claimed that because of the breach, his personal information was used by other parties without his consent.
He said he had received spam messages and calls after the data leak.
Fahmi said in February that he filed the suit after the authorities failed to guarantee the security of mobile users’ personal information.
“It involves 42 million users. It involves almost all citizens and foreigners living in Malaysia,” he said of the leak.
The data breach was discovered by Lowyat.net last October after someone tried to sell personal details of telco subscribers for an undisclosed amount on its forums.
The individual was trying to sell private customer information from at least 12 Malaysian mobile operators.
Personal information from multiple Malaysian public sector and commercial websites was also stolen.