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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FIRST SCHEDULE Repealed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 14/09/2017 incorporating all amendments published on or before 14/09/2017. The closest version currently available is that of 02/10/2016.
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SEVENTH SCHEDULE
Section 33(5)
Constitution and proceedings of Data Protection Appeal Panel and Data Protection Appeal Committees
Data Protection Appeal Panel
1.—(1)  The Data Protection Appeal Panel shall consist of not more than 30 members appointed, from time to time, by the Minister on the basis of their ability and experience in industry, commerce or administration or their professional qualifications or their suitability otherwise for appointment.
(2)  Members of the Appeal Panel shall be appointed for such period as may be determined by the Minister and shall be eligible for re-appointment.
(3)  The Minister may at any time revoke the appointment of any member of the Appeal Panel without assigning any reason.
(4)  A member of the Appeal Panel may resign by giving notice in writing to the Minister.
Chairman of Appeal Panel or temporary Chairman of Appeal Panel
2.—(1)  The Chairman of the Appeal Panel, unless his appointment is revoked by the Minister or unless he resigns during his term of office, shall hold office for such period as the Minister may determine and shall be eligible for re‑appointment.
(2)  The Minister may appoint any member to be a temporary Chairman of the Appeal Panel during the temporary incapacity from illness or otherwise or during the temporary absence from Singapore of the Chairman of the Appeal Panel.
Secretary to Appeal Panel
2A.—(1)  The Secretary to the Appeal Panel is to be appointed by the Minister.
(2)  The Secretary is to provide administrative and secretarial support to the Chairman of the Appeal Panel, the Appeal Panel and every Appeal Committee, in the discharge of their functions, duties and powers under this Act.
(3)  The Secretary is to act in accordance with the instructions of the Chairman and, in particular, be responsible for —
(a)
the acceptance, transmission, service and custody of documents relating to the Appeal Panel, Appeal Committees and appeal proceedings under section 34; and
(b)
keeping the records of proceedings relating to appeals under section 34 in such form as the Chairman may direct.
(4)  The Secretary and any person authorised under sub‑paragraph (5) may attend any meeting of an Appeal Committee to carry out their functions under this Act.
(5)  The Secretary may be assisted in carrying out the Secretary’s functions under this Act by persons authorised by the Secretary.
[S 19/2015 wef 23/01/2015]
Constitution of Appeal Committee
2B.—(1)  Where an appeal under section 34 is made, the Chairman of the Appeal Panel is to nominate 3 or more members of the Appeal Panel (which may include himself) to constitute an Appeal Committee to hear the appeal.
(2)  For the proper functioning of any Appeal Committee, the Chairman of the Appeal Panel may at any time —
(a)
terminate the nomination of any member of the Appeal Committee; and
(b)
re-constitute the Appeal Committee upon the termination of the nomination, the expiry of the term of appointment or the withdrawal of any member of the Appeal Committee.
(3)  The re-constitution of an Appeal Committee under sub‑paragraph (2)(b) does not affect the validity of anything done by the Appeal Committee under this Act before, on or after the re‑constitution of the Appeal Committee.
[S 19/2015 wef 23/01/2015]
Proceedings of Appeal Committees
3.—(1)  The presiding member of an Appeal Committee is —
(a)
the Chairman of the Appeal Panel, if he nominates himself as a member of the Appeal Committee; or
(b)
the member of the Appeal Panel appointed by the Chairman of the Appeal Panel as the presiding member of that Appeal Committee.
(2)  However, in the absence at any meeting of the presiding member of an Appeal Committee referred to in sub‑paragraph (1), another member of the Appeal Committee chosen by the members of that Appeal Committee present is to preside at that meeting.
(3)  All matters coming before an Appeal Committee are to be decided by a majority of votes of those members present and, in the event of an equality of votes, the presiding member has a second or casting vote.
(4)  Any member of the Appeal Panel whose term of appointment expires in the course of proceedings by an Appeal Committee to which he is appointed continues as a member of that Appeal Committee until the Appeal Committee —
(a)
completes its work on the appeal; or
(b)
is earlier re‑constituted under paragraph 2B(2)(b) without that member.
(5)  An Appeal Committee is to meet for any purpose under this Act at such times and places as determined by the presiding member before the meeting.
[S 19/2015 wef 23/01/2015]
Powers of Appeal Committees
4.—(1)  An Appeal Committee shall have all the powers and duties of the Commission that are necessary to perform its functions and discharge its duties under this Act.
(2)  An Appeal Committee shall have the powers, rights and privileges vested in a District Court on the hearing of an action, including —
(a)
the enforcement of the attendance of witnesses and their examination on oath or otherwise;
(b)
the compelling of the production of documents; and
(c)
the award of such costs or expenses as may be prescribed under section 65.
(3)  A summons signed by such member of an Appeal Committee as may be authorised by the Appeal Committee shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.
(4)  Where any person being duly summoned to attend before an Appeal Committee does not so attend, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(5)  A witness before an Appeal Committee shall be entitled to the same immunities and privileges as if he were a witness before a District Court.
(6)  All appeals under section 34 shall be determined, having regard to the nature and complexity of the appeal, as soon as reasonably practicable.
(7)  An Appeal Committee shall inform the Commission and the parties to the appeal of the date on and the place at which the appeal shall be heard.
[S 19/2015 wef 23/01/2015]
(8)  An Appeal Committee shall inform the Commission and the parties to the appeal of its decision in respect of the appeal and the reasons for its decision.
[S 19/2015 wef 23/01/2015]
(9)  Subject to other provisions of this Act and regulations made under this Act, an Appeal Committee may regulate its own procedure.
[S 19/2015 wef 23/01/2015]
Allowances
5.  Members of the Appeal Committee may receive such remuneration and such travelling and subsistence allowances as the Minister may determine.
Validity of act or proceeding
6.  No appeal proceeding before an Appeal Committee, and no act of the Chairman of the Appeal Panel or of the presiding member of an Appeal Committee, is to be nullified only because of —
(a)
in the case of an appeal or proceeding before or act of an Appeal Committee, any vacancy in, or defect in the constitution of, the Appeal Committee; or
(b)
any defect in the appointment of the Chairman of the Appeal Panel, or any member (or presiding member) of an Appeal Committee, as the case may be.
[S 19/2015 wef 23/01/2015]