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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FIRST SCHEDULE Repealed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 22/11/2017, you requested the version in force on 22/11/2017 incorporating all amendments published on or before 22/11/2017. The closest version currently available is that of 02/10/2016.
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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.