Malaysians can sue Waze locally, but enforcing judgment in Israel could prove difficult

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Kritik
03 Nov 2026
41
SubCategory | Cybersecurity

Malaysians can sue Waze locally, but enforcing judgment in Israel could prove difficult

By Faiz Ruzman

PETALING JAYA: Malaysians could still take Waze to court locally over suspected misuse of personal data despite its Israeli jurisdiction clause, but securing a favourable judgment may be only half the battle, with enforcement against the company posing a major legal challenge.

Vello & Associates partner and technology litigation lawyer Ravin Vello said Malaysian courts could hear such cases in exceptional circumstances, provided claimants could justify departing from the jurisdiction stipulated in the terms of Waze.

“An exclusive jurisdiction clause does not oust the jurisdiction of the court,“ he told theSun.

“The burden is on the (individual) challenging the exclusive jurisdiction clause to show why he or she should not be bound to honour the agreement.”

He added that courts would consider which jurisdiction was best placed to hear the dispute, taking into account the interests of justice and the connection between the case and the forum.

“What matters is the suitability of the forum which will meet the ends of justice and which has the most real and substantial connection to the cause of action.”

However, he said even if claimants successfully challenged the clause and secured a favourable Malaysian judgment, enforcing it against Waze Mobile Ltd in Israel would present a separate obstacle.

Ravin cited the absence of reciprocal judgment-enforcement arrangements between Malaysia and Israel, as well as practical difficulties arising from the lack of diplomatic relations.

“Your next hurdle is enforcing the Malaysian judgment in Israel,“ he said, adding that Waze could challenge its enforceability.

He added that Malaysia’s Personal Data Protection Act (PDPA) did not itself grant individuals a civil right to compensation for breaches of its provisions.

“This means that one cannot rely on a breach of the Act as a cause of action.

“It has to be either contractually or by way of negligence.”

Nevertheless, he said affected users could lodge complaints with the Personal Data Protection Commissioner, who could investigate suspected violations and issue enforcement notices when applicable.

Ravin said determining whether the PDPA applied to Waze would be more complicated because the app collected information through the devices of users while processing data through systems located internationally.

He added that as a more immediate avenue, users could submit privacy complaints directly to Waze using the contact details provided in its published policy.

On Oct 22, Digital Minister Gobind Singh Deo told the Dewan Rakyat that Waze’s Israeli jurisdiction raised doubts over Malaysians’ access to legal remedies, amid restrictions on its use for official duties.

Meanwhile, cybersecurity consultant firm VortiQx founder and CEO Jane Teh said users needed to understand that Waze collected more than just the destinations they entered when planning journeys.

She said the published privacy policy of the app covered driving routines, frequently visited locations, travel times and device information, which could be used to provide routes and estimate arrival times.

She also said even users who skipped registration could have their activity linked to a unique identifier generated by Waze, according to the policy.

Teh advised users against unnecessarily labelling saved locations as their homes or workplaces and recommended restricting location access to periods when the app was in use.

“The rule of thumb in cybersecurity hygiene is always to give bare minimum permission to perform a specific task,“ she said in an emailed response.

She also highlighted the distinction between deleting the app from a device and formally requesting the deletion of a Waze account.

According to Waze’s privacy policy, users could request account deletion through the application’s privacy settings or its website.

The company says the process generally takes about two months, although some information may remain in backup systems and not disappear immediately.

Source: malaysians-can-sue-waze-locally-but-enforcing-judgment-in-israel-could-prove-difficult

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