Personal data protection in employment: New legal challenges for Malaysia

The purpose of this article is to discuss and apply data protection principles in the context of employment. The Personal Data Protection Act (PDPA), passed by the Malaysian Parliament in 2010, has affected many aspects of life in Malaysia, including employment. Storage of data by employers is rampant. Management, as the data user, is duty bound to safeguard the employees' data according to the PDPA. Likewise, the employees, as data subjects, enjoy some rights under the PDPA. The author also examines issues of privacy law: whether such law exists in Malaysia and, if so, whether it can be reconciled with the PDPA's principles. The author adopts legal methodology anchored in exploratory analysis, with the legislative text as the main reference point.     

Small is Beautiful: The Counterterrorism Option in Afghanistan

Strategy is matching means and ends. If the ends desired in Afghanistan are about al Qaeda, the counterterrorism option is the best fit in terms of means. It is sustainable, always crucial in prolonged conflict, as it limits the expenditure of U.S. blood and treasure. This article fills a gap in the existing strategy debate by detailing what a counterterrorism option would be in terms of force structure and operations.     

Lessons from Democratic Transitions: Case Studies from Asia

In an era when democratization is stalled or in retreat in many parts of the world, it is important to highlight the successful democratic experience of East and Southeast Asia in recent decades. Five consolidated democracies have emerged since the mid-1980s; only Thailand has seen some backsliding with the 2006 coup. The Asian cases provide insights into several major debates in the democratization literature, including the relative importance of culture, history, economic structure, and the optimal sequencing of political and economic reform. This article reviews these issues, with particular attention to the role of outside powers in underpinning democratization. Ultimately, the Asian cases offer evidence for optimism about the prospects of a Fourth Wave of democratization.     

The Military and SocietyBeyond the Postmodern Era

The degree to which the international security environment had changed after the Cold War became evident with the attacks on September 11. As a result, military forces in the United States (and perhaps in the West generally) are evolving from their Cold War and immediate post-Cold War perspectives to confront transnational and subnational non-state dangers. These changes have significant implications for military professionalism and the relations between the military and society. They are explored through a modified “Postmodern Military” model, called here the “Hybrid” model.     

Blurring the dimensions of privacy? Law enforcement and trusted traveler programs

Risk has become a ubiquitous tool for security governance. This paper analyzes the ongoing shift in airport/aviation security from rule-based to risk-based screening. Seeking to explore the effects of data based passenger risk assessment on privacy through the collection and processing of personal data, it is argued that risk is likely to enroll passengers into a partly voluntary, partly enforced membership in trusted traveler schemes in order to enhance the database, thus enabling a more precise assessment of risk levels. In a disciplinary spatial setting, the once distinct privacy dimensions of citizen-state and consumer-market become increasingly blurred, as law enforcement authorities seek to exploit data that was originally obtained for commercial purposes to improve risk calculations.     

… and still we are left wanting: Malta's White Paper on digital rights

CLSR welcomes occasional comment pieces on issues of current importance in the law and technology field from different jurisdictions. In this instance the Government of Malta published a White Paper in October 2012 for public consultation, proposing the introduction of the following four so-called “digital rights” in the Constitution of Malta: (1) the right to Internet access; (2) the right to informational access; (3) the right to informational freedom and (4) the right to digital informational self-determination. The author believes that the proposal is indeed a step in the right direction but lacks punch where it matters most and does not go far enough.     

Yemen and the Arab Spring: Elite Struggles,State Collapse and Regional Security

Yemen, the poorest and most populous country on the Arabian Peninsula, has long been a prime candidate to join the failed state club. After the wave of uprisings sweeping through the Middle East reached the country in early 2011, the already high levels of instability and violence reached new heights and threatened to accelerate a steady march towards collapse. Even though a variety of scenarios can be identified for the future of Yemen, the most likely paths all imply a period of prolonged instability. This will carry significant consequences for regional and international security, in particular, by providing al Qaeda's local franchise with an attractive safe haven from which to plan and launch operations.     

Bridging the Gap Between the Worlds of Ideas and Action

The World War II experience of public service created a generation of scholars who devoted themselves to policy-relevant research during the early Cold War. The Vietnam War led to a split between the two groups, and scholars and policymakers today inhabit two different worlds. Fortunately, it appears as though the relationship between the world of ideas and the world of action is entering a new phase. Both the academy and the nation would be better off if scholars were more involved in topics of interest to policymakers. However, building a closer relationship between these two worlds faces challenges.