Division 1 - Consent
13. - Consent required14. - Provision of consent15. - Deemed consent16. - Withdrawal of consent17. - Collection, use and disclosure without consentDivision 2 - Purpose
18. - Limitation of purpose and extent19. - Personal data collected before appointed day20. - Notification of purposeDivision 1 - Preliminary
36. - Interpretation of this Part37. - Meaning of “specified message”38. - Application of this PartDivision 2 - Administration
39. - Register40. - Applications41. - Evidence42. - Information on terminated Singapore telephone numberDivision 3 - Specified message to Singapore telephone number
43. - Duty to check register44. - Contact information45. - Calling line identity not to be concealed46. - Consent47. - Withdrawal of consent48. - Defence for employee49. - Advisory guidelines50. - Powers of investigation51. - Offences and penalties52. - Offences by bodies corporate, etc.53. - Liability of employers for acts of employees54. - Jurisdiction of court55. - Composition of offences56. - General penalties57. - Public servants and public officers58. - Evidence in proceedings59. - Preservation of secrecy60. - Protection from personal liability61. - Symbol of Commission62. - Power to exempt63. - Certificate as to national interest64. - Amendment of Schedules65. - Power to make regulations66. - Rules of Court67. - Saving and transitional provisions68. - Dissolution
1. - An organisation may collect personal data about an individual without the consent of the individual or from a source other2. - In this paragraph and paragraph 1(h) —3. - (1) The conditions in this paragraph shall apply if the personal data is collected under paragraph 1(p).4. - For the avoidance of doubt, personal data disclosed before the appointed day in the circumstances and conditions set out in
1. - An organisation may disclose personal data about an individual without the consent of the individual in any of the following2. - In the case of disclosure under paragraph 1(c), the organisation shall, as soon as may be practicable, notify the individual3. - (1) The conditions in this paragraph shall apply to personal data disclosed under paragraph 1(p).4. - Paragraph 1(q) shall not apply unless —5. - For the avoidance of doubt, personal data collected before the appointed day in the circumstances and conditions set out in
“Appeal Committee” means a Data Protection Appeal Committee nominated under section 33(4);
“Appeal Panel” means the Data Protection Appeal Panel established under section 33(1);
“relevant body” means the Commission, the Appeal Panel or any Appeal Committee;
(4) The Commission shall, in any direction requiring the payment of a financial penalty, specify the date before which the financial penalty is to be paid, being a date not earlier than the end of the period within which an application for reconsideration of the direction, or an appeal against the direction, may be brought under section 31 or 34, respectively.
(2) If the Commission has made a decision under this Act in respect of a contravention specified in subsection (1), no action accruing under subsection (1) may be brought in respect of that contravention until after the decision has become final as a result of there being no further right of appeal.
(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.
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 —
(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.
(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;
(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.
(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.
(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 —
(c) in an application for judicial review or an appeal from a decision with respect to such an application.
(d) for the purposes of a prosecution, an application or an appeal referred to in section 58(1)(a), (b) or (c);
(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;
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.
(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.
(h) personal data collected, used or disclosed without consent, under paragraph 1(e) of the Second Schedule, paragraph 1(e) of the Third Schedule or paragraph 1(f) of the Fourth Schedule, respectively, for the purposes of an investigation if the investigation and associated proceedings and appeals have not been completed;
(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.
(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.
2A. - Secretary to Appeal Panel
(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.
(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.
2B. - Constitution of Appeal Committee
(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.
(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
(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.
(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 —
(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.
(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.
(9) Subject to other provisions of this Act and regulations made under this Act, an Appeal Committee may regulate its own procedure.
Members of the Appeal Committee may receive such remuneration and such travelling and subsistence allowances as the Minister may determine.
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.
