The Malaysian Communications and Multimedia Commission (MCMC) and Nuemera Sdn Bhd have applied to strike out the suit filed by PKR communications director Fahmi Fadzil over the leak of personal data of more than 46.2 million telecommunications users in Malaysia.

This was revealed by Fahmi's lawyer Louis Liaw who said both MCMC and Nuemera had filed their defence yesterday at the Sessions Court in Kuala Lumpur, and at the same time applied to strike out the suit.

According to Liaw, MCMC cited Section 272 of the Communications and Multimedia Act 1998 to claim immunity from legal action.

That section states no action or prosecution shall be brought, instituted or maintained in any court against the commission or any authorised officer.

Liaw meanwhile said Nuemera raised the issue of locus standi for Fahmi to institute the suit, claiming that the action should be initiated by telephone companies.

He said since judge Harmi Thamri Mohamad is on emergency leave, the court has fixed this Monday for case management to give instructions.

Fahmi, who was present, said he would challenge the striking-out application as the case involved the biggest data leak of consumers in the country.

"This case is of public interest as a huge number of our personal data given to telco companies are leaked. I will contest the application," he said.

Fahmi filed the suit last month where he claimed that in 2014, Nuemera had been appointed by MCMC to handle the agency’s public cellular blocking service, and all personal data of telecommunications customers had been kept by the company.

The judge directed MCMC and Nuemera to file their defence. 

The leak was widely reported by the media in October 2017, after an attempt by an unknown user to sell the data on popular website and technology portal Lowyat.net's forum. 

In his originating summons, Fahmi said his personal particulars were found to have been leaked and could be accessed on several websites.

The politician claimed that MCMC and Nuemera had violated their duties, resulting in the data leak and failure to ensure the security of personal details.

He also claimed the defendants had failed to inform him and other customers of the leak, or of Nuemera’s appointment and its alleged mismanagement of customers’ data.

Therefore, he is seeking general damages and costs of the action, besides other reliefs deemed necessary by the court.