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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FIRST SCHEDULE Repealed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 IX
DO NOT CALL REGISTRY
Division 1 — Preliminary
Interpretation of this Part
36.
—(1)  In this Part, unless the context otherwise requires —
“calling line identity” means the telephone number or information identifying the sender;
“financial services” has the same meaning as in section 2 of the Consumer Protection (Fair Trading) Act (Cap. 52A);
“goods” means any personal property, whether tangible or intangible, and shall be deemed to include —
(a)
chattels that are attached or intended to be attached to real property on or after delivery;
(b)
financial products and credit, including credit extended solely on the security of land;
(c)
any residential property; or
(d)
a voucher;
“message” means any message, whether in sound, text, visual or other form;
“register” means any Do Not Call Register kept and maintained under section 39;
“send”, in relation to a message, means —
(a)
to send the message, cause the message to be sent, or authorise the sending of the message; or
(b)
to make a voice call containing the message, cause a voice call containing the message to be made, or authorise the making of a voice call containing the message;
“sender”, in relation to a message, means a person —
(a)
who sends the message, causes the message to be sent, or authorises the sending of the message; or
(b)
who makes a voice call containing the message, causes a voice call containing the message to be made, or authorises the making of a voice call containing the message;
“services” includes —
(a)
a service offered or provided that involves the addition to or maintenance, repair or alteration of goods or any residential property;
(b)
a membership in any club or organisation if the club or organisation is a business formed to make a profit for its owners;
(c)
the right to use time share accommodation under a time share contract; and
(d)
financial services;
“Singapore telephone number” means —
(a)
a telephone number, with 8 digits beginning with the digit “3”, “6”, “8” or “9”, that is in accordance with the National Numbering Plan referred to in regulation 12A of the Telecommunications (Class Licences) Regulations (Cap. 323, Rg 3); or
(b)
any other telephone numbers as may be prescribed;
“subscriber”, in relation to a Singapore telephone number, means the subscriber of the telecommunications service to which the Singapore telephone number is allocated;
“time share accommodation” means any living accommodation, in Singapore or elsewhere, used or intended to be used (wholly or partly) for leisure purposes by a class of persons all of whom have rights to use, or participate in arrangements under which they may use, that accommodation or accommodation within a pool of accommodation to which that accommodation belongs;
“time share contract” means a contract which confers or purports to confer on an individual time share rights that are exercisable during a period of not less than 3 years;
“voice call” includes —
(a)
a call that involves a recorded or synthetic voice; or
(b)
in the case of a recipient with a disability (for example, a hearing impairment), a call that is equivalent to a voice call,
whether or not the recipient responds by way of pressing buttons on a telephone handset or similar telecommunications device.
(2)  For the purposes of this Part, a telecommunications service provider who merely provides a service that enables a specified message to be sent shall, unless the contrary is proved, be presumed not to have sent the message and not to have authorised the message to be sent.
(3)  For the purposes of this Part, if a specified message is sent and at the relevant time the telecommunications device, service or network from which it was sent was controlled by a person without the knowledge of the owners or authorised users of the telecommunications device, service or network, the owners or authorised users shall, unless the contrary is proved, be presumed not to have sent the message and not to have authorised the sending of the message.
(4)  In subsection (3), “control” means either physical control or control through the use of software or other means.
Meaning of “specified message”
37.
—(1)  Subject to subsection (5), for the purposes of this Part, a specified message is a message, where, having regard to —
(a)
the content of the message;
(b)
the presentational aspects of the message;
(c)
the content that can be obtained using the numbers, URLs or contact information (if any) mentioned in the message; and
(d)
if the telephone number from which the message is made is disclosed to the recipient (whether by calling line identity or otherwise), the content (if any) that can be obtained by calling that number,
it would be concluded that the purpose, or one of the purposes, of the message is —
(i)
to offer to supply goods or services;
(ii)
to advertise or promote goods or services;
(iii)
to advertise or promote a supplier, or prospective supplier, of goods or services;
(iv)
to offer to supply land or an interest in land;
(v)
to advertise or promote land or an interest in land;
(vi)
to advertise or promote a supplier, or prospective supplier, of land or an interest in land;
(vii)
to offer to provide a business opportunity or an investment opportunity;
(viii)
to advertise or promote a business opportunity or an investment opportunity;
(ix)
to advertise or promote a provider, or prospective provider, of a business opportunity or an investment opportunity; or
(x)
any other prescribed purpose related to obtaining or providing information.
(2)  For the purposes of subsection (1)(i) to (x), it is immaterial whether —
(a)
the goods, services, land, interest or opportunity exist; or
(b)
it is lawful to acquire the goods, services, land or interest or take up the opportunity.
(3)  Subject to subsection (4), a person who authorises another person to offer, advertise or promote the first person’s goods, services, land, interest or opportunity shall be deemed to have authorised the sending of any message sent by the second person that offers, advertises or promotes that first person’s goods, services, land, interest or opportunity.
(4)  For the purposes of subsection (3), a person who takes reasonable steps to stop the sending of any message referred to in that subsection shall be deemed not to have authorised the sending of the message.
(5)  For the purposes of this Part, a specified message shall not include any message referred to in the Eighth Schedule.
Application of this Part
38.  This Part shall apply to a specified message addressed to a Singapore telephone number where —
(a)
the sender of the specified message is present in Singapore when the specified message is sent; or
(b)
the recipient of the specified message is present in Singapore when the specified message is accessed.
Division 2 — Administration
Register
39.
—(1)  The Commission shall cause to be kept and maintained one or more registers of Singapore telephone numbers, each known as a Do Not Call Register, for the purposes of this Part.
(2)  Each register shall be kept in such form and shall contain such particulars as the Commission thinks fit.
(3)  The Commission may authorise another person to maintain any register, on its behalf, subject to such conditions or restrictions as the Commission may think fit.
Applications
40.
—(1)  A subscriber may apply to the Commission, in the form and manner prescribed —
(a)
to add his Singapore telephone number to a register; or
(b)
to remove his Singapore telephone number from a register.
(2)  Any person may apply to the Commission, in the form and manner required by the Commission, to confirm whether any Singapore telephone number is listed in a register.
Evidence
41.  A certificate purporting to be signed by the Chief Executive of the Authority or an authorised officer and stating that a Singapore telephone number was or was not listed in a register at a date specified in the certificate shall be admissible as evidence of its contents in any proceedings.
Information on terminated Singapore telephone number
42.
—(1)  Every telecommunications service provider shall report to the Commission, in the form and manner prescribed, all terminated Singapore telephone numbers.
(2)  A telecommunications service provider which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(3)  In this section, “terminated Singapore telephone number” means —
(a)
a Singapore telephone number to which the following apply:
(i)
the Singapore telephone number which has been allocated to a subscriber;
(ii)
the telecommunications service associated with the Singapore telephone number has been terminated by the subscriber or telecommunications service provider; and
(iii)
the Singapore telephone number has not been allocated to a different subscriber; or
(b)
any other telephone numbers and circumstances as may be prescribed.
(4)  For the purpose of subsection (1), where —
(a)
a Singapore telephone number has been allocated to a subscriber by a telecommunications service provider (referred to in this subsection as the first provider);
(b)
the telecommunications service associated with the Singapore telephone number has been terminated by the subscriber;
(c)
the subscriber contracts for a telecommunications service associated with the Singapore telephone number with another telecommunications service provider (referred to in this subsection as the subsequent provider);
(d)
the telecommunications service referred to in paragraph (c) has been terminated by the subscriber or the subsequent provider; and
(e)
the Singapore telephone number has not subsequently been allocated to any subscriber,
it shall be the responsibility of the first provider to satisfy subsection (1).
(5)  Without prejudice to the obligations of the telecommunications service provider under subsections (1) to (4), the Commission shall pay the prescribed fees to the telecommunications service provider for each terminated Singapore telephone number reported to the Commission in accordance with this section.
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).