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
“Commission” means the person designated as the Personal Data Protection Commission under section 5 to be responsible for the administration of this Act;
“Commissioner” means the Commissioner for Personal Data Protection appointed under section 8(1)(a), and includes any Deputy Commissioner for Personal Data Protection or Assistant Commissioner for Personal Data Protection appointed under section 8(1)(b);
“relevant body” means the Commission, the Appeal Panel or any Appeal Committee;
(1) The Info communications Media Development Authority is designated as the Personal Data Protection Commission.
(2) The Personal Data Protection Commission is responsible for the administration of this Act.
The functions of the Commission shall be —
(h) to carry out functions conferred on the Commission under any other written law; and
(i) to engage in such other activities and perform such functions as the Minister may permit or assign to the Commission by order published in the Gazette.
(1) The Minister may appoint one or more advisory committees to provide advice to the Commission with regard to the performance of any of its functions under this Act.
(2) The Commission may consult such advisory committees in relation to the performance of its functions and duties and the exercise of its powers under this Act but shall not be bound by such consultation.
(1) The Commission may appoint, by name or office, from among public officers and the employees of the Authority —
(a) the Commissioner for Personal Data Protection; and
(b) such number of Deputy Commissioners for Personal Data Protection, Assistant Commissioners for Personal Data Protection and inspectors, as the Commission considers necessary.
(2) Where any function, duty or power of the Commission under this Act is delegated to the Commissioner under section 38 of the Info-communications Media Development Authority Act 2016 —
(a) the Commissioner must perform that function or duty, or exercise that power, in his name;
(b) the Commission must not perform that function or duty, or exercise that power, during the period when the delegation is in force; and
(c) the Commission must, as soon as practicable after the delegation, publish a notice of the delegation in the Gazette.
(3) In exercising any of the powers of enforcement under this Act, an authorised officer shall on demand produce to the person against whom he is acting the authority issued to him by the Commission.
(2) A legal counsel of the Commission who is an advocate and solicitor may —
(a) appear in any civil proceedings involving the performance of any function or duty, or the exercise of any power, of the Commission under any written law; and
(b) make all applications and do all acts in respect of the civil proceedings on behalf of the Commission or an authorised officer.
(a) facilitating co-operation between the Commission and another regulatory authority in the performance of their respective functions in so far as those functions relate to data protection; and
(b) avoiding duplication of activities by the Commission and another regulatory authority, being activities involving the enforcement of data protection laws.
(a) to enable the Commission and the other regulatory authority to furnish to each other information in their respective possession if the information is required by the other for the purpose of performance by it of any of its functions;
(c) to enable the Commission and the other regulatory authority to forbear to perform any of their respective functions in relation to a matter in circumstances where it is satisfied that the other is performing functions in relation to that matter.
(3) The Commission shall not furnish any information to a foreign data protection body pursuant to a co-operation agreement unless it requires of, and obtains from, that body an undertaking in writing by it that it will comply with terms specified in that requirement, including terms that correspond to the provisions of any written law concerning the disclosure of that information by the Commission.
(4) The Commission may give an undertaking to a foreign data protection body that it will comply with terms specified in a requirement made of the Commission by the foreign data protection body to give such an undertaking where —
(b) compliance with the requirement is a condition imposed by the foreign data protection body for furnishing information in its possession to the Commission pursuant to a co operation agreement.
“regulatory authority” includes the Commission and any foreign data protection body.
(2) The Commission may, on the application of any organisation, by notice in writing exempt the organisation from any requirement prescribed pursuant to subsection (1) in respect of any transfer of personal data by that organisation.
(a) may be granted subject to such conditions as the Commission may specify in writing; and
(b) need not be published in the Gazette and may be revoked at any time by the Commission.
(4) The Commission may at any time add to, vary or revoke any condition imposed under this section.
(1) If the Commission is of the opinion that any complaint by an individual against an organisation may more appropriately be resolved by mediation, the Commission may, with the consent of the complainant and the organisation, refer the matter for mediation.
(2) Subject to subsection (1), the Commission may, with or without the consent of the complainant and the organisation, direct a complainant or the organisation or both to attempt to resolve the complaint of the individual in the way directed by the Commission.
(1) On the application of a complainant, the Commission may review —
(2) Upon completion of its review under subsection (1), the Commission may —
(a) confirm the refusal to provide access to the personal data, or direct the organisation to provide access to the personal data, within such time as the Commission may specify;
(c) confirm the refusal to correct the personal data, or direct the organisation to correct the personal data, in such manner and within such time as the Commission may specify.
(1) The Commission may, if it is satisfied that an organisation is not complying with any provision in Parts III to VI, give the organisation such directions as the Commission thinks fit in the circumstances to ensure compliance with that provision.
(2) Without prejudice to the generality of subsection (1), the Commission may, if it thinks fit in the circumstances to ensure compliance with Parts III to VI, give the organisation all or any of the following directions:
(c) to comply with any direction of the Commission under section 28(2);
(d) to pay a financial penalty of such amount not exceeding $1 million as the Commission thinks fit.
(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.
(5) The interest payable on the outstanding amount of any financial penalty imposed under subsection (2)(d) and for payment by instalment (as may be directed by the Commission in its discretion) of any financial penalty imposed under subsection (2)(d) shall be at such rate as the Commission may direct, which shall not exceed the rate prescribed in the Rules of Court in respect of judgment debts.
(1) For the purposes of enforcement of any direction made by the Commission under section 28(2) or 29, the Commission may apply for the direction to be registered in a District Court in accordance with the Rules of Court and the District Court shall register the direction in accordance with the Rules of Court.
(a) any direction made by the Commission under section 27(2) or section 29(1) or (2); or
may, within 28 days after the issue of the direction or decision concerned, make a written application to the Commission to reconsider the direction or decision.
(2) Unless the Commission decides otherwise in any particular case, an application for reconsideration shall not suspend the effect of the direction or decision to be reconsidered except in the case of an application for reconsideration of a direction to pay a financial penalty or of the amount thereof.
(3) The application for reconsideration shall be made in such form and manner as the Commission may require and shall set out the grounds on which the applicant is requesting the reconsideration.
(4) If any application for reconsideration is made in accordance with this section, the Commission shall —
(b) affirm, revoke or vary the direction or decision as the Commission thinks fit; and
(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.
(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),
(a) remit the matter to the Commission;
(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.
(c) the Commission.
(1) The Commission shall cause to be kept and maintained one or more registers of Singapore telephone numbers, each known as a Do Not Call Register, for the purposes of this Part.
(2) Each register shall be kept in such form and shall contain such particulars as the Commission thinks fit.
(3) The Commission may authorise another person to maintain any register, on its behalf, subject to such conditions or restrictions as the Commission may think fit.
(1) A subscriber may apply to the Commission, in the form and manner prescribed —
(2) Any person may apply to the Commission, in the form and manner required by the Commission, to confirm whether any Singapore telephone number is listed in a register.
(1) Every telecommunications service provider shall report to the Commission, in the form and manner prescribed, all terminated Singapore telephone numbers.
(5) Without prejudice to the obligations of the telecommunications service provider under subsections (1) to (4), the Commission shall pay the prescribed fees to the telecommunications service provider for each terminated Singapore telephone number reported to the Commission in accordance with this section.
(a) applied to the Commission under section 40(2) to confirm whether that Singapore telephone number is listed in the relevant register; and
(b) received confirmation from the Commission that that Singapore telephone number is not listed in the relevant register.
(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.
(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:
(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 —
(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.
(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.
(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:
(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.
(4) The Commission may, with the approval of the Minister, make regulations prescribing the offences which may be compounded.
(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 —
(2) Subsection (1) applies also in respect of evidence of the existence of proceedings conducted before the Commission.
(d) all matters relating to the identity of persons furnishing information to the Commission,
(3) Any person, when furnishing any information to the Commission, may identify information that he claims to be confidential information.
(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:
(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;
(a) that the information or documents requested by the foreign country are in the possession of the Commission;
(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.
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.
(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:
(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;
(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;
(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).
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.
(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.
“Former Commission” means the Personal Data Protection Commission established by section 5(1) as in force immediately before the appointed date.
(1) The Former Commission is dissolved.
(2) In this section, “Former Commission” has the same meaning as in section 67(9).
(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.
(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.
(1) For the purposes of an investigation under section 50, the Commission or an inspector may, by notice in writing to any organisation, require the organisation to produce to the Commission or the inspector a specified document or specified information, which the Commission or inspector considers relates to any matter relevant to such investigation.
(2) A notice under sub-paragraph (1) shall indicate the purpose for which the specified document or specified information is required by the Commission.
(3) The Commission may specify in the notice —
(1) The Commission or any inspector may apply to a court for a warrant and the court may issue such a warrant if it is satisfied that —
(i) there are, on any premises, documents which the Commission or the inspector has power under paragraph 1 to require to be produced; and
