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Brunei’s Data Protection Framework: An Overview

The Personal Data Protection Order (PDPO) is a comprehensive legislation that aims to safeguard the privacy and security of personal data in Brunei Darussalam. The PDPO sets out eight fundamental principles that organizations must adhere to when handling personal data.

Limitation Principle

Under this principle, an organization’s consent is required before collecting, using or disclosing an individual’s personal data, unless otherwise required or authorized by law or an exception applies.

Notification and Purpose Specification

Organizations must notify individuals of the purpose for which their personal data will be used and obtain their consent prior to processing their data.

Data Quality and Integrity

Individuals have the right to request that their personal data be corrected or updated if it is inaccurate, incomplete or outdated. Organizations must also take reasonable steps to ensure the accuracy and integrity of personal data.

Security and Protection

Organizations are required to implement appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of personal data.

Retention Limitation

Personal data must be retained only for as long as necessary for the purpose for which it was collected and deleted thereafter.

Openness and Transparency

Organizations must provide individuals with clear information about how their personal data will be used and made available to them upon request.

Individual Rights

Individuals have the right to access, correct or delete their personal data, subject to certain conditions. They also have the right to lodge a complaint with the Data Protection Authority (AITI) if they believe that their rights under the PDPO have been infringed.

AITI Contact Information

The Autoriti Tinggi Informasi (AITI) is Brunei’s Data Protection Authority. Its contact information is as follows:

  • Tel: + (673) 232 3232
  • Fax: + (673) 238 2447
  • Email: info@aiti.gov.bn
  • Address: Block B14, Simpang 32-5, Kampung Anggerek Desa, Jalan Berakas BB3713, Brunei Darussalam

Examples of Investigative Powers Exercisable by Government Authorities

The following is a non-exhaustive list of examples of investigative powers exercisable by government authorities in Brunei:

  • Prevention of Corruption Act: authorities may investigate and inspect accounts, including bank accounts, and require production of documents.
  • Immigration Act: authorities may obtain information about identity, nationality or occupation, and demand documents relating to entry into the country.
  • Environmental Protection and Management Order 2016: authorities may require production of documents relating to duties under the Order.
  • Safety, Health and Environment National Authority Order 2018: authorities may request information from individuals related to workplace safety and health.

These powers are exercisable in accordance with specific laws and regulations, and are intended to support the investigation or enforcement of regulatory functions.