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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FIRST SCHEDULE Repealed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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Division 3 — Specified message to Singapore
telephone number
Duty to check register
43.
—(1)  No person shall, on or after the prescribed date, send a specified message addressed to a Singapore telephone number unless the person had within the prescribed duration (which may include a duration before the prescribed date) before sending the specified message —
(a)
applied to the Commission under section 40(2) to confirm whether that Singapore telephone number is listed in the relevant register; and
(b)
received confirmation from the Commission that that Singapore telephone number is not listed in the relevant register.
(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(3)  In any proceedings for an offence under subsection (1), it shall be a defence for the person charged to prove that the subscriber or user of the telephone number —
(a)
gave clear and unambiguous consent to the sending of the specified message to that Singapore telephone number; and
(b)
the consent is evidenced in written or other form so as to be accessible for subsequent reference.
(4)  For the purpose of this section —
(a)
where there is only one register kept or maintained under section 39, the relevant register shall refer to that one register; and
(b)
where there are 2 or more registers kept or maintained under section 39 for different types of specified messages, the relevant register shall refer to the register relevant for the particular type of specified message.
Contact information
44.
—(1)  No person shall, on or after the prescribed date, send a specified message addressed to a Singapore telephone number unless —
(a)
the specified message includes clear and accurate information identifying the individual or organisation who sent or authorised the sending of the specified message;
(b)
the specified message includes clear and accurate information about how the recipient can readily contact that individual or organisation;
(c)
the specified message includes such information and complies with such conditions as is or are specified in the regulations, if any; and
(d)
the information included in the specified message in compliance with this subsection is reasonably likely to be valid for at least 30 days after the message is sent.
(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Calling line identity not to be concealed
45.
—(1)  A person who, on or after the prescribed date, makes a voice call containing a specified message or causes a voice call containing a specified message to be made or authorises the making of a voice call containing a specified message, addressed to a Singapore telephone number from a telephone number or facsimile number, shall not do any of the following:
(a)
conceal or withhold from the recipient the calling line identity of the sender;
(b)
perform any operation or issue any instruction in connection with the sending of the specified message for the purpose of, or that has the effect of, concealing or withholding from the recipient the calling line identity of the sender.
(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Consent
46.
—(1)  A person shall not, as a condition for supplying goods, services, land, interest or opportunity, require a subscriber or user of a Singapore telephone number to give consent for the sending of a specified message to that Singapore telephone number or any other Singapore telephone number beyond what is reasonable to provide the goods, services, land, interest or opportunity to that subscriber or user, and any consent given in such circumstance is not validly given.
(2)  If a person obtains or attempts to obtain consent for sending a specified message to a Singapore telephone number —
(a)
by providing false or misleading information with respect to the sending of the specified message; or
(b)
by using deceptive or misleading practices,
any consent given in such circumstances is not validly given.
Withdrawal of consent
47.
—(1)  On giving notice, a subscriber or user of a Singapore telephone number may at any time withdraw any consent given to a person for the sending of any specified message to that Singapore telephone number.
(2)  A person shall not prohibit a subscriber or user of a Singapore telephone number from withdrawing his consent to the sending of a specified message to that Singapore telephone number, but this section shall not affect any legal consequences arising from such withdrawal.
(3)  If a subscriber or user of a Singapore telephone number gives notice withdrawing consent given to a person for the sending of any specified message to that Singapore telephone number, the person shall cease (and cause its agent to cease) sending any specified message to that Singapore telephone number after the expiry of the prescribed period.
(4)  For the purposes of this Part, a subscriber or user of a Singapore telephone number shall be deemed to have given his consent to a person to send a specified message to that Singapore telephone number if the subscriber or user —
(a)
consents to the sending of the specified message before the date of commencement of this Part; and
(b)
that consent has not been withdrawn on or after the date of commencement of this Part.
(5)  For the purposes of this Part, where a subscriber or user of a Singapore telephone number —
(a)
consents to a person sending a specified message to that Singapore telephone number before, on or after the date of commencement of this Part; and
(b)
subsequently applies to add or adds that Singapore telephone number to the register on or after the date of commencement of this Part,
the application to add or the addition of that Singapore telephone number shall not be regarded as a withdrawal of the consent.
(6)  For the avoidance of doubt, a subscriber of a Singapore telephone number may, at any time on or after the date of commencement of this Part, withdraw any consent given for the sending of a specified message to that Singapore telephone number.
Defence for employee
48.
—(1)  In any proceedings for an offence under this Part brought against any employee in respect of an act or conduct alleged to have been done or engaged in, as the case may be, by the employee, it is a defence for the employee to prove that he did the act or engaged in the conduct in good faith —
(a)
in the course of his employment; or
(b)
in accordance with instructions given to him by or on behalf of his employer in the course of his employment.
(2)  Subsection (1) does not apply to an employee who, at the time the act was done or the conduct was engaged in, was an officer and it is proved —
(a)
the act was done or the conduct was engaged in with the consent or connivance of that officer; or
(b)
the act done or the conduct engaged in was attributable to any neglect on the part of that officer.
(3)  In subsection (2), “officer” has the same meaning as in section 52(5).