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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FIRST SCHEDULE Repealed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 24/11/2017, you requested the version in force on 24/11/2017 incorporating all amendments published on or before 24/11/2017. The closest version currently available is that of 02/10/2016.
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PART X
GENERAL
Advisory guidelines
49.
—(1)  The Commission may, from time to time, issue written advisory guidelines indicating the manner in which the Commission will interpret the provisions of this Act.
(2)  Guidelines issued under this section may, from time to time, be varied, amended or revoked by the Commission.
(3)  The Commission shall publish the guidelines in any way the Commission thinks fit, but failure to comply with this subsection in respect of any guidelines shall not invalidate the guidelines.
Powers of investigation
50.
—(1)  The Commission may, upon complaint or of its own motion, conduct an investigation under this section to determine whether an organisation is not complying with this Act.
(2)  The powers of investigation under this section of the Commission and the inspectors shall be as set out in the Ninth Schedule.
(3)  The Commission may suspend, discontinue or refuse to conduct an investigation under this section if it thinks fit, including but not limited to any of the following circumstances:
(a)
the complainant has not complied with a direction under section 27(2);
(b)
the parties involved in the matter have mutually agreed to settle the matter;
(c)
any party involved in the matter has commenced legal proceedings against another party in respect of any contravention or alleged contravention of this Act by the other party;
(d)
the Commission is of the opinion that the matter may be more appropriately investigated by another regulatory authority and has referred the matter to that authority; or
(e)
the Commission is of the opinion that —
(i)
a complaint is frivolous or vexatious or is not made in good faith; or
(ii)
any other circumstances warrant refusing to conduct, suspending or discontinuing the investigation.
(4)  An organisation shall retain records relating to an investigation under this section for one year after the conclusion of the investigation or any longer period specified in writing by the Commission.
Offences and penalties
51.
—(1)  A person shall be guilty of an offence if he makes a request under section 21 or 22, as the case may be, to obtain access to or to change the personal data about another individual without the authority of that individual.
(2)  Any person guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(3)  An organisation or person commits an offence if the organisation or person —
(a)
with an intent to evade a request under section 21 or 22, disposes of, alters, falsifies, conceals or destroys, or directs another person to dispose of, alter, falsify, conceal or destroy, a record containing —
(i)
personal data; or
(ii)
information about the collection, use or disclosure of personal data;
(b)
obstructs or hinders the Commission, an inspector or an authorised officer in the performance of any function or duty, or the exercise of any power, under this Act; or
(c)
makes a statement, or furnishes any information or document, to the Commission, an inspector or an authorised officer under this Act, which the organisation or person knows, or ought reasonably to know, to be false or misleading in any material particular.
(4)  An organisation or person that commits an offence under subsection (3)(a) is liable —
(a)
in the case of an individual, to a fine not exceeding $5,000; and
(b)
in any other case, to a fine not exceeding $50,000.
(5)  An organisation or person that commits an offence under subsection (3)(b) or (c) is liable —
(a)
in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in any other case, to a fine not exceeding $100,000.
Offences by bodies corporate, etc.
52.
—(1)  Where an offence under this Act committed by a body corporate is proved —
(a)
to have been committed with the consent or connivance of an officer; or
(b)
to be attributable to any neglect on his part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2)  Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3)  Where an offence under this Act committed by a partnership is proved —
(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on his part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4)  Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5)  In this section —
“body corporate” includes a limited liability partnership;
“officer”  —
(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6)  Regulations may be made to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
Liability of employers for acts of employees
53.
—(1)  Any act done or conduct engaged in by a person in the course of his employment (referred to in this section as the employee) shall be treated for the purposes of this Act as done or engaged in by his employer as well as by him, whether or not it was done or engaged in with the employer’s knowledge or approval.
(2)  In any proceedings for an offence under this Act brought against any person in respect of an act or conduct alleged to have been done or engaged in, as the case may be, by an employee of that person, it is a defence for that person to prove that he took such steps as were practicable to prevent the employee from doing the act or engaging in the conduct, or from doing or engaging in, in the course of his employment, acts or conduct, as the case may be, of that description.
Jurisdiction of court
54.  Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.
Composition of offences
55.
—(1)  The Commission may, in its discretion, compound any offence under this Act (except Part IX) which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following sums:
(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
a sum of $5,000.
(2)  The Commission may, in its discretion, compound any offence under Part IX which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000.
(3)  On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.
(4)  The Commission may, with the approval of the Minister, make regulations prescribing the offences which may be compounded.
General penalties
56.  Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.
Public servants and public officers
57.
—(1)  All individuals appointed under section 8(1) —
(a)
are deemed to be public servants for the purposes of the Penal Code (Cap. 224); and
(b)
are, in relation to their administration, assessment, collection or enforcement of payment of composition sums under this Act, deemed to be public officers for the purposes of the Financial Procedure Act (Cap. 109); and section 20 of that Act applies to these individuals even though they are not or were not in the employment of the Government.
(2)  All members of the Appeal Panel, and all members of an advisory committee, are deemed to be public servants for the purposes of the Penal Code.
Evidence in proceedings
58.
—(1)  The Commission, the Appeal Panel, an Appeal Committee, their members and anyone acting for or under the direction of the Commission shall not give or be compelled to give evidence in a court or in any other proceedings in respect of any information obtained in performing their duties or exercising their powers or functions under this Act, except —
(a)
in a prosecution for perjury or for the furnishing of false information;
(b)
in a prosecution for an offence under this Act; or
(c)
in an application for judicial review or an appeal from a decision with respect to such an application.
(2)  Subsection (1) applies also in respect of evidence of the existence of proceedings conducted before the Commission.
Preservation of secrecy
59.
—(1)  Subject to subsection (5), every specified person shall preserve, and aid in the preservation of, secrecy with regard to —
(a)
any personal data an organisation would be required or authorised to refuse to disclose if it were contained in personal data requested under section 21;
(b)
whether information exists, if an organisation in refusing to provide access under section 21 does not indicate whether the information exists;
(c)
all matters that have been identified as confidential under subsection (3); and
(d)
all matters relating to the identity of persons furnishing information to the Commission,
that may come to his knowledge in the performance of his functions and discharge of his duties under this Act and shall not communicate any such matter to any person, except in so far as such communication —
(i)
is necessary for the performance of any such function or discharge of any such duty; or
(ii)
is lawfully required by any court, or lawfully required or permitted under this Act or any other written law.
(2)  Any person who fails to comply with subsection (1) shall be guilty of an offence.
(3)  Any person, when furnishing any information to the Commission, may identify information that he claims to be confidential information.
(4)  Every claim made under subsection (3) shall be supported by a written statement giving reasons why the information is confidential.
(5)  Notwithstanding subsection (1), the Commission may disclose, or authorise any specified person to disclose, any information relating to any matter referred to in subsection (1) in any of the following circumstances:
(a)
where the consent of the person to whom the information relates has been obtained;
(b)
if the Commission considers there is evidence of an offence, disclose information relating to the commission of an offence to the Public Prosecutor, any police officer and other law enforcement authorities;
(c)
to give effect to any provision of this Act;
(d)
for the purposes of a prosecution, an application or an appeal referred to in section 58(1)(a), (b) or (c);
(e)
to comply with any provision of a co-operation agreement entered into under section 10, where the conditions specified in subsection (6) are satisfied; or
(f)
to a public body in such circumstances as may be prescribed by the Minister.
(6)  The conditions referred to in subsection (5)(e) are —
(a)
that the information or documents requested by the foreign country are in the possession of the Commission;
(b)
that unless the Government otherwise allows, the foreign country undertakes to keep the information given confidential at all times; and
(c)
that the disclosure of the information is not likely to be contrary to the public interest.
(7)  In this section, “specified person” means a person who is or has been —
(a)
a member or an officer of a relevant body;
(aa)
a person authorised or appointed by a relevant body to perform the relevant body’s functions or duties, or exercise the relevant body’s powers, under this Act or any other written law;
(b)
a member of a committee of a relevant body or any person authorised, appointed or employed to assist the relevant body; or
(c)
an inspector or a person authorised, appointed or employed to assist an inspector.
Protection from personal liability
60.  No liability shall be incurred by —
(a)
any member or officer of a relevant body;
(b)
any person authorised, appointed or employed to assist a relevant body;
(c)
any person who is on secondment or attachment to a relevant body;
(d)
any person authorised or appointed by a relevant body to exercise the relevant body’s powers, perform the relevant body’s functions or discharge the relevant body’s duties or to assist the relevant body in the exercise of its powers, the performance of its functions or the discharge of its duties under this Act or any other written law; or
(e)
any inspector or any person authorised, appointed or employed to assist him in connection with any function or duty of the inspector under this Act,
as a result of anything done (including any statement made) or omitted to be done with reasonable care and in good faith in the course of or in connection with —
(i)
the exercise or purported exercise of any power under this Act or any other written law;
(ii)
the performance or purported performance of any function or the discharge or purported discharge of any duty under this Act or any other written law; or
(iii)
the compliance or purported compliance with this Act or any other written law.
Symbol of Commission
61.
—(1)  The Commission shall have the exclusive right to the use of such symbol or representation as may be prescribed in connection with its activities or affairs.
(2)  Any person who, without the authority of the Commission, uses a symbol or representation identical with that of the Commission, or which so resembles the symbol or representation of the Commission as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
Power to exempt
62.  The Commission may, with the approval of the Minister, by order published in the Gazette, exempt any person or organisation or any class of persons or organisations from all or any of the provisions of this Act, subject to such terms or conditions as may be specified in the order.
Certificate as to national interest
63.  For the purposes of this Act, if any doubt arises as to whether anything is necessary for the purpose of, or could be contrary to, the national interest, a certificate signed by the Minister charged with responsibility for that matter shall be conclusive evidence of the matters stated therein.
Amendment of Schedules
64.
—(1)  The Minister may, by order published in the Gazette, amend any of the Schedules, except the Ninth Schedule.
(2)  An order under this section shall be presented to Parliament as soon as possible after publication in the Gazette.
Power to make regulations
65.
—(1)  The Commission may, with the approval of the Minister, make such regulations as may be necessary or expedient for carrying out the purposes and provisions of this Act and for prescribing anything that may be required or authorised to be prescribed by this Act.
(2)  Without prejudice to the generality of subsection (1), the Commission may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters:
(b)
the form, manner and procedures, relating to the making and responding to requests under section 21 or 22, including the content of responses to such requests, the period for such responses, the circumstances in which an organisation may refuse to provide a response or refuse to confirm or deny the existence of any matter and the fees that an organisation may charge in respect of such requests;
(c)
the classes of persons who may act under this Act for minors, deceased persons or any other individuals who lack capacity to act under this Act and regulating the manner in which, and the extent to which, any rights or powers of individuals under this Act may be exercised on their behalf;
(d)
the form, manner and procedures relating to applications and complaints under this Act;
(e)
the conduct of reviews by the Commission under section 28;
(f)
the form, manner and procedures for applications for reconsideration by the Commission under section 31, including the fees to be paid in respect of such applications;
(g)
the form, manner and procedures for appeals to an Appeal Committee, including the fees to be paid in respect of such appeals;
(h)
the award of costs of or incidental to any proceedings before the Commission or Appeal Committee, and the award of expenses, including any allowances payable to persons in connection with their attendance before the Commission or Appeal Committee;
(i)
the criteria for determining whether a Singapore telephone number is eligible to be listed in a register;
(j)
the manner in which entries in the register are to be made, corrected or removed;
(k)
the manner and form of giving or withdrawing consent for the sending of a specified message;
(l)
any other matter relating to the establishment, operation or administration of the register;
(m)
the fees to be paid in respect of applications, and services provided by or on behalf of the Commission, under this Act, including applications to confirm whether a Singapore telephone number is listed in the relevant register for the purposes of section 43(1)(a).
(3)  Regulations made under this section may provide differently for different organisations, individuals, classes of organisations or classes of individuals.
Rules of Court
66.  Rules of Court may be made to provide for the practice and procedure relating to actions under section 32 and appeals under section 35, including the requirement that the plaintiff notify the Commission upon commencing any such action or appeal, and for matters related thereto.
Saving and transitional provisions
67.
—(1)  Every act done by or on behalf of the Former Commission before the appointed date remains valid and have effect as though it has been done by or on behalf of the Commission, until such time as the Commission invalidates, revokes, cancels or otherwise determines that act.
(2)  Where any thing has been started by or on behalf of the Former Commission before the appointed date, the Commission may carry on and complete that thing on or after that date.
(3)  Any approval, authorisation, decision, direction, exemption, guideline or notice (or other document) given or made by the Former Commission under this Act before the appointed date remains valid and is deemed to have been given or made by the Commission under this Act, to the extent that it is not inconsistent with this Act as amended by the Info‑communications Media Development Authority Act 2016.
(4)  Any application that is made to the Former Commission under this Act and is pending on the appointed date is deemed to be an application made to the Commission under this Act, to the extent that it is not inconsistent with this Act as amended by the Info‑communications Media Development Authority Act 2016.
(5)  Any appeal made before the appointed date under Part VIII in respect of any direction or decision of the Former Commission is deemed to be an appeal in respect of the direction or decision of the Commission.
(6)  Any authorisation made by, or any certificate or other document signed by, the Chairman of the Former Commission under this Act before the appointed date remains valid and is deemed to have been made or signed by the Chief Executive of the Authority under this Act.
(7)  For a period of 2 years after the date of commencement of any provision of section 96 of the Info‑communications Media Development Authority Act 2016, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision, as the Minister may consider necessary or expedient.
(8)  This section does not affect the operation of section 16 of the Interpretation Act (Cap. 1).
(9)  In this section —
“appointed date” means the date of commencement of section 96(i) of the Info‑communications Media Development Authority Act 2016;
“Former Commission” means the Personal Data Protection Commission established by section 5(1) as in force immediately before the appointed date.
Dissolution
68.
—(1)  The Former Commission is dissolved.
(2)  In this section, “Former Commission” has the same meaning as in section 67(9).