Singapore Government
Link to Homepage
Home | About Us | Browse | Advanced Search | Results | My Preferences | FAQ | Help | PLUS
 
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FIRST SCHEDULE Repealed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

 
Slider
Left Corner
Print   Link to Viewed VersionLink to In-Force Version
 
On 26/09/2017, you requested the version in force on 14/09/2017 incorporating all amendments published on or before 14/09/2017. The closest version currently available is that of 02/10/2016.
Slider
PART VIII
APPEALS TO DATA PROTECTION APPEAL COMMITTEE, HIGH COURT AND COURT OF APPEAL
Data Protection Appeal Panel and Data Protection Appeal Committees
33.
—(1)  There shall be established a Data Protection Appeal Panel.
(2)  The Minister shall appoint the members of the Appeal Panel.
(3)  The Chairman of the Appeal Panel shall be appointed by the Minister from among the members of the Appeal Panel.
(4)  For the purpose of hearing any appeal under section 34, the Chairman of the Appeal Panel may nominate a Data Protection Appeal Committee comprising 3 or more members of the Appeal Panel.
(5)  The Seventh Schedule shall have effect with respect to the Appeal Panel, Appeal Committees and their members and the proceedings of Appeal Committees, as the case may be.
Appeal from direction or decision of Commission
34.
—(1)  Any organisation or individual aggrieved by —
(a)
any direction made by the Commission under section 27(2) or section 29(1) or (2);
(b)
any direction or decision made by the Commission under section 28(2); or
(c)
any decision made by the Commission under section 31(4)(b),
may, within 28 days after the issue of the direction or decision concerned, appeal to the Chairman of the Appeal Panel against that direction or decision.
(2)  Where any application for reconsideration has been made under section 31, every appeal in respect of the same direction or decision which is the subject of the application for reconsideration shall be deemed to be withdrawn.
(3)  Unless the Appeal Committee decides otherwise in any particular case, the making of an appeal under this section shall not suspend the effect of the direction or decision to which the appeal relates except in the case of an appeal against the imposition of a financial penalty or the amount thereof.
(4)  An Appeal Committee hearing an appeal may confirm, vary or set aside the direction or decision which is the subject of the appeal, and, in particular, may —
(a)
remit the matter to the Commission;
(b)
impose or revoke, or vary the amount of, a financial penalty;
(c)
give such direction, or take such other step, as the Commission could itself have given or taken; or
(d)
make any other direction or decision which the Commission could itself have made.
(5)  Any direction or decision of an Appeal Committee on an appeal has the same effect, and may be enforced in the same manner, as a direction or decision of the Commission, except that there shall be no application for further reconsideration under section 31 and no further appeal under this section from any direction or decision of the Appeal Committee.
(6)  If an Appeal Committee confirms the direction or decision which is the subject of the appeal, it may nevertheless set aside any finding of fact on which the direction or decision was based.
Appeals to High Court and Court of Appeal
35.
—(1)  An appeal against, or with respect to, a direction or decision of an Appeal Committee shall lie to the High Court —
(a)
on a point of law arising from a direction or decision of the Appeal Committee; or
(b)
from any direction of the Appeal Committee as to the amount of a financial penalty.
(2)  An appeal under this section may be made only at the instance of —
(a)
the organisation aggrieved by the direction or decision of the Appeal Committee;
(b)
if the decision relates to a complaint, the complainant; or
(c)
the Commission.
(3)  The High Court shall hear and determine any such appeal and may —
(a)
confirm, modify or reverse the direction or decision of the Appeal Committee; and
(b)
make such further or other order on such appeal, whether as to costs or otherwise, as the Court may think fit.
(4)  There shall be such further right of appeal from decisions of the High Court under this section as exists in the case of decisions made by that Court in the exercise of its original civil jurisdiction.