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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FIRST SCHEDULE Repealed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 29/05/2017, you requested the version in force on 29/05/2017 incorporating all amendments published on or before 29/05/2017. The closest version currently available is that of 02/10/2016.
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PART VII
ENFORCEMENT OF PARTS III TO VI
Alternative dispute resolution
27.
—(1)  If the Commission is of the opinion that any complaint by an individual against an organisation may more appropriately be resolved by mediation, the Commission may, with the consent of the complainant and the organisation, refer the matter for mediation.
(2)  Subject to subsection (1), the Commission may, with or without the consent of the complainant and the organisation, direct a complainant or the organisation or both to attempt to resolve the complaint of the individual in the way directed by the Commission.
Power to review
28.
—(1)  On the application of a complainant, the Commission may review —
(a)
a refusal to provide access to personal data requested by the complainant under section 21, or a failure to provide such access within a reasonable time;
(b)
a fee required from the complainant by an organisation in relation to a request by the complainant under section 21 or 22; or
(c)
a refusal to correct personal data in accordance with a request by the complainant under section 22, or a failure to make such correction within a reasonable time.
(2)  Upon completion of its review under subsection (1), the Commission may —
(a)
confirm the refusal to provide access to the personal data, or direct the organisation to provide access to the personal data, within such time as the Commission may specify;
(b)
confirm, reduce or disallow a fee, or direct the organisation to make a refund to the complainant; or
(c)
confirm the refusal to correct the personal data, or direct the organisation to correct the personal data, in such manner and within such time as the Commission may specify.
Power to give directions
29.
—(1)  The Commission may, if it is satisfied that an organisation is not complying with any provision in Parts III to VI, give the organisation such directions as the Commission thinks fit in the circumstances to ensure compliance with that provision.
(2)  Without prejudice to the generality of subsection (1), the Commission may, if it thinks fit in the circumstances to ensure compliance with Parts III to VI, give the organisation all or any of the following directions:
(a)
to stop collecting, using or disclosing personal data in contravention of this Act;
(b)
to destroy personal data collected in contravention of this Act;
(c)
to comply with any direction of the Commission under section 28(2);
(d)
to pay a financial penalty of such amount not exceeding $1 million as the Commission thinks fit.
(3)  Subsection (2)(d) shall not apply in relation to any failure to comply with a provision of this Act, the breach of which is an offence under this Act.
(4)  The Commission shall, in any direction requiring the payment of a financial penalty, specify the date before which the financial penalty is to be paid, being a date not earlier than the end of the period within which an application for reconsideration of the direction, or an appeal against the direction, may be brought under section 31 or 34, respectively.
(5)  The interest payable on the outstanding amount of any financial penalty imposed under subsection (2)(d) and for payment by instalment (as may be directed by the Commission in its discretion) of any financial penalty imposed under subsection (2)(d) shall be at such rate as the Commission may direct, which shall not exceed the rate prescribed in the Rules of Court in respect of judgment debts.
(6)  Any interest ordered to be paid under subsection (5) shall form part of the penalty payable and be enforced in accordance with section 30.
Enforcement of directions of Commission in District Court
30.
—(1)  For the purposes of enforcement of any direction made by the Commission under section 28(2) or 29, the Commission may apply for the direction to be registered in a District Court in accordance with the Rules of Court and the District Court shall register the direction in accordance with the Rules of Court.
(2)  From the date of registration of any direction under subsection (1), the direction shall be of the same force and effect, and all proceedings may be taken on the direction, for the purposes of enforcement as if it had been an order originally obtained in the District Court which shall have power to enforce it accordingly.
(3)  A District Court shall have jurisdiction to enforce any direction in accordance with subsection (2) regardless of the monetary amount involved and may, for the purpose of enforcing such direction, make any order —
(a)
to secure compliance with the direction; or
(b)
to require any person to do anything to remedy, mitigate or eliminate any effects arising from —
(i)
anything done which ought not, under the direction, to have been done; or
(ii)
anything not done which ought, under the direction, to have been done,
which would not have occurred had the direction been complied with.
Reconsideration of directions or decisions
31.
—(1)  An organisation or individual aggrieved by —
(a)
any direction made by the Commission under section 27(2) or section 29(1) or (2); or
(b)
any direction or decision made under section 28(2),
may, within 28 days after the issue of the direction or decision concerned, make a written application to the Commission to reconsider the direction or decision.
(2)  Unless the Commission decides otherwise in any particular case, an application for reconsideration shall not suspend the effect of the direction or decision to be reconsidered except in the case of an application for reconsideration of a direction to pay a financial penalty or of the amount thereof.
(3)  The application for reconsideration shall be made in such form and manner as the Commission may require and shall set out the grounds on which the applicant is requesting the reconsideration.
(4)  If any application for reconsideration is made in accordance with this section, the Commission shall —
(a)
reconsider the direction or decision;
(b)
affirm, revoke or vary the direction or decision as the Commission thinks fit; and
(c)
notify the applicant in writing of the result of the reconsideration.
(5)  There shall be no application for reconsideration of a decision made under subsection (4)(b).
Right of private action
32.
—(1)  Any person who suffers loss or damage directly as a result of a contravention of any provision in Part IV, V or VI by an organisation shall have a right of action for relief in civil proceedings in a court.
(2)  If the Commission has made a decision under this Act in respect of a contravention specified in subsection (1), no action accruing under subsection (1) may be brought in respect of that contravention until after the decision has become final as a result of there being no further right of appeal.
(3)  The court may grant to the plaintiff in an action under subsection (1) all or any of the following:
(a)
relief by way of injunction or declaration;
(b)
damages;
(c)
such other relief as the court thinks fit.