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Contents  

Long Title

Enacting Formula

Part I PRELIMINARY

Part II PERSONAL DATA PROTECTION COMMISSION AND ADMINISTRATION

Part III GENERAL RULES WITH RESPECT TO PROTECTION OF PERSONAL DATA

Part IV COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA

Division 1 — Consent

Division 2 — Purpose

Part V ACCESS TO AND CORRECTION OF PERSONAL DATA

Part VI CARE OF PERSONAL DATA

Part VII ENFORCEMENT OF PARTSĀ III TO VI

Part VIII APPEALS TO DATA PROTECTION APPEAL COMMITTEE, HIGH COURT AND COURT OF APPEAL

Part IX DO NOT CALL REGISTRY

Division 1 — Preliminary

Division 2 — Administration

Division 3 — Specified message to Singapore telephone number

Part X GENERAL

FIRST SCHEDULE Repealed

SECOND SCHEDULE Collection of personal data without consent

THIRD SCHEDULE Use of personal data without consent

FOURTH SCHEDULE Disclosure of personal data without consent

FIFTH SCHEDULE Exceptions from access requirement

SIXTH SCHEDULE Exceptions from correction requirement

SEVENTH SCHEDULE Constitution and proceedings of Data Protection Appeal Panel and Data Protection Appeal Committees

EIGHTH SCHEDULE Exclusion from meaning of "specified message"

NINTH SCHEDULE Powers of investigation of Commission and Inspectors

 
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On 26/09/2017, you requested the version in force on 26/09/2017 incorporating all amendments published on or before 26/09/2017. The closest version currently available is that of 02/10/2016.
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PART IV
COLLECTION, USE AND DISCLOSURE OF
PERSONAL DATA
Division 1 — Consent
Consent required
13.  An organisation shall not, on or after the appointed day, collect, use or disclose personal data about an individual unless —
(a)
the individual gives, or is deemed to have given, his consent under this Act to the collection, use or disclosure, as the case may be; or
(b)
the collection, use or disclosure, as the case may be, without the consent of the individual is required or authorised under this Act or any other written law.
Provision of consent
14.
—(1)  An individual has not given consent under this Act for the collection, use or disclosure of personal data about the individual by an organisation for a purpose unless —
(a)
the individual has been provided with the information required under section 20; and
(b)
the individual provided his consent for that purpose in accordance with this Act.
(2)  An organisation shall not —
(a)
as a condition of providing a product or service, require an individual to consent to the collection, use or disclosure of personal data about the individual beyond what is reasonable to provide the product or service to that individual; or
(b)
obtain or attempt to obtain consent for collecting, using or disclosing personal data by providing false or misleading information with respect to the collection, use or disclosure of the personal data, or using deceptive or misleading practices.
(3)  Any consent given in any of the circumstances in subsection (2) is not validly given for the purposes of this Act.
(4)  In this Act, references to consent given, or deemed to have been given, by an individual for the collection, use or disclosure of personal data about the individual shall include consent given, or deemed to have been given, by any person validly acting on behalf of that individual for the collection, use or disclosure of such personal data.
Deemed consent
15.
—(1)  An individual is deemed to consent to the collection, use or disclosure of personal data about the individual by an organisation for a purpose if —
(a)
the individual, without actually giving consent referred to in section 14, voluntarily provides the personal data to the organisation for that purpose; and
(b)
it is reasonable that the individual would voluntarily provide the data.
(2)  If an individual gives, or is deemed to have given, consent to the disclosure of personal data about the individual by one organisation to another organisation for a particular purpose, the individual is deemed to consent to the collection, use or disclosure of the personal data for that particular purpose by that other organisation.
Withdrawal of consent
16.
—(1)  On giving reasonable notice to the organisation, an individual may at any time withdraw any consent given, or deemed to have been given under this Act, in respect of the collection, use or disclosure by that organisation of personal data about the individual for any purpose.
(2)  On receipt of the notice referred to in subsection (1), the organisation concerned shall inform the individual of the likely consequences of withdrawing his consent.
(3)  An organisation shall not prohibit an individual from withdrawing his consent to the collection, use or disclosure of personal data about the individual, but this section shall not affect any legal consequences arising from such withdrawal.
(4)  Subject to section 25, if an individual withdraws consent to the collection, use or disclosure of personal data about the individual by an organisation for any purpose, the organisation shall cease (and cause its data intermediaries and agents to cease) collecting, using or disclosing the personal data, as the case may be, unless such collection, use or disclosure, as the case may be, without the consent of the individual is required or authorised under this Act or other written law.
Collection, use and disclosure without consent
17.
—(1)  An organisation may collect personal data about an individual, without consent or from a source other than the individual, only in the circumstances and subject to any condition in the Second Schedule.
(2)  An organisation may use personal data about an individual, without the consent of the individual, only in the circumstances and subject to any condition in the Third Schedule.
(3)  An organisation may disclose personal data about an individual, without the consent of the individual, only in the circumstances and subject to any condition in the Fourth Schedule.
Division 2 — Purpose
Limitation of purpose and extent
18.  An organisation may collect, use or disclose personal data about an individual only for purposes —
(a)
that a reasonable person would consider appropriate in the circumstances; and
(b)
that the individual has been informed of under section 20, if applicable.
Personal data collected before appointed day
19.  Notwithstanding the other provisions in this Part, an organisation may use personal data about an individual collected before the appointed day for the purposes for which the personal data was collected unless —
(a)
consent for such use is withdrawn in accordance with section 16; or
(b)
the individual, whether before, on or after the appointed day, has otherwise indicated to the organisation that he does not consent to the use of the personal data.
Notification of purpose
20.
—(1)  For the purposes of sections 14(1)(a) and 18(b), an organisation shall inform the individual of —
(a)
the purposes for the collection, use or disclosure of the personal data, as the case may be, on or before collecting the personal data;
(b)
any other purpose of the use or disclosure of the personal data of which the individual has not been informed under paragraph (a), before the use or disclosure of the personal data for that purpose; and
(c)
on request by the individual, the business contact information of a person who is able to answer on behalf of the organisation the individual’s questions about the collection, use or disclosure of the personal data.
(2)  An organisation, on or before collecting personal data about an individual from another organisation without the consent of the individual, shall provide the other organisation with sufficient information regarding the purpose of the collection to allow that other organisation to determine whether the disclosure would be in accordance with this Act.
(3)  Subsection (1) shall not apply if —
(a)
the individual is deemed to have consented to the collection, use or disclosure, as the case may be, under section 15; or
(b)
the organisation collects, uses or discloses the personal data without the consent of the individual in accordance with section 17.
(4)  Notwithstanding subsection (3), an organisation, on or before collecting, using or disclosing the personal data about an individual for the purpose of managing or terminating an employment relationship between the organisation and that individual, shall inform the individual of —
(a)
that purpose; and
(b)
on request by the individual, the business contact information of a person who is able to answer the individual’s questions about that collection, use or disclosure on behalf of the organisation.