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
(2) Parts III to VI (except for section 24 (protection of personal data) and section 25 (retention of personal data)) shall not impose any obligation on a data intermediary in respect of its processing of personal data on behalf of and for the purposes of another organisation pursuant to a contract which is evidenced or made in writing.
(3) An organisation shall have the same obligation under this Act in respect of personal data processed on its behalf and for its purposes by a data intermediary as if the personal data were processed by the organisation itself.
(4) This Act shall not apply in respect of —
(b) personal data about a deceased individual, except that the provisions relating to the disclosure of personal data and section 24 (protection of personal data) shall apply in respect of personal data about an individual who has been dead for 10 years or fewer.
(1) An individual appointed under section 8(1) or an employee of the Authority, who is authorised in writing by the Chief Executive of the Authority for the purpose of this section, may conduct, with the authorisation of the Public Prosecutor, proceedings in respect of an offence under this Act.
(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
(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.
“foreign data protection body” means a body in whom there are vested functions under the law of another country or territory with respect to the enforcement or the administration of provisions of law of that country or territory concerning data protection;
(b) develop a process to receive and respond to complaints that may arise with respect to the application of this Act;
(b) obtain or attempt to obtain consent for collecting, using or disclosing personal data by providing false or misleading information with respect to the collection, use or disclosure of the personal data, or using deceptive or misleading practices.
(1) On giving reasonable notice to the organisation, an individual may at any time withdraw any consent given, or deemed to have been given under this Act, in respect of the collection, use or disclosure by that organisation of personal data about the individual for any purpose.
(2) An organisation is not required to provide an individual with the individual’s personal data or other information under subsection (1) in respect of the matters specified in the Fifth Schedule.
(7) An organisation is not required to comply with this section in respect of the matters specified in the Sixth Schedule.
(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.
(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.
(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.
(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.
(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.
(1) An appeal against, or with respect to, a direction or decision of an Appeal Committee shall lie to the High Court —
(a) by providing false or misleading information with respect to the sending of the specified message; or
(1) In any proceedings for an offence under this Part brought against any employee in respect of an act or conduct alleged to have been done or engaged in, as the case may be, by the employee, it is a defence for the employee to prove that he did the act or engaged in the conduct in good faith —
(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.
(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;
(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.
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.
(3) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.
(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.
(2) Subsection (1) applies also in respect of evidence of the existence of proceedings conducted before the Commission.
(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;
(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;
(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).
(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.
An organisation is not required to provide information under section 21(1) in respect of —
(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;
Section 22 shall not apply in respect of —
(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.
(ii) to provide warranty information, product recall information or safety or security information with respect to a product or service purchased or used by the recipient of the message; or
(ii) notification of a change in the standing or status of the recipient of the message with respect to; or
(iii) at regular periodic intervals, account balance information or other type of account statement with respect to,
(c) to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under sub-paragraph (1) was granted (the relevant kind);
