The provisions under the Personal Data Protection Act (the “PDPA”) relating to the duty of an organisation to check the Do Not Call Registry before sending telemarketing messages to consumers with Singapore telephone numbers via voice call, text message or fax came into force on 2 January 2014.
With effect from 2 July 2014, the remaining provisions of the PDPA in relation to an organisation’s obligations to comply with rules on the collection, use, disclosure and care of personal data under the PDPA came into effect.
On 1 July 2014, the Personal Data Protection Commission (the “Commission”) issued the following media release and factsheets on its website www.pdpc.gov.sg to remind organisations of their obligations under the PDPA.
- Media Release
- Factsheet on Key Obligations of Organisations
- Factsheet on WSQ Course on Introduction to the Fundamentals of PDPA
Personal Data Protection (Enforcement) Regulations 2014
The latest set of regulations which was issued under the PDPA was the Personal Data Protection (Enforcement) Regulations 2014 (the “Enforcement Regulations”). Effective from 2 July 2014, the Enforcement Regulations set out the process, procedure and applicable fees for a review application or a reconsideration application under the PDPA. Please click here to access the Enforcement Regulations on the Singapore Statutes Online website http://statutes.agc.gov.sg.
Review application under the Enforcement Regulations
A review application refers to an application to the Commission by a complainant to review a refusal or failure by an organisation to provide access or to correct personal data, or to review the fees charged by the organisation in relation to the access and correction of personal data.
If the Commission is satisfied that a review application discloses a prima facie case for a review, the Commission will provide the organisation with an opportunity to explain its position and for the complainant to respond.
The Commission may dismiss a review application in the following situations:
- It does not disclose a prima facie case for a review to be conducted;
- There is failure to comply with the Commission’s direction on alternative dispute resolution;
- The parties have settled the matter;
- The complainant has commenced legal proceedings against the organisation;
- The review application is not made in accordance with prescribed procedure / process or is materially incomplete;
- The complainant has, without reasonable excuse, failed to comply with the time specified for submission of any document or information required;
- The application is frivolous, vexatious or not made in good faith; or
- The Commission is of the opinion that there are any other circumstances that warrant the summary dismissal of the application.
Reconsideration application under the Enforcement Regulations
A reconsideration application refers to an application to the Commission to review a contestable decision. A “contestable decision” in the context of a reconsideration application refers to the following directions or decisions which the Commission may make in relation to a complaint received from an individual against an organisation for breach of the personal data protection provisions under the PDPA:
- Direction to one or both parties to consider an alternative dispute resolution to resolve the complaint;
- Direction to the organisation to stop collecting, using or disclosing personal data in breach of the PDPA;
- Direction to the organisation to destroy personal data collected in breach of the PDPA;
- Direction / decision to the organisation relating to access and correction of personal data;
- Direction to the organisation to pay a financial penalty of such amount not exceeding S$1 million; and
- Any other directions that the Commission may think fit to ensure compliance with the PDPA.
The prescribed fee for the filing of a reconsideration application relating to a direction or decision concerning access and correction of personal data under the PDPA is S$25. The prescribed fee for the filing of any other reconsideration application is S$250.
Directions and decision of the Commission
The Commission may publish its direction or decision on its website at www.pdpc.gov.sg
Other regulations under the PDPA
By way of background, the other regulations which have been issued under the PDPA so far are set out below. Please click on the relevant title to access the regulations which are available from theSingapore Statutes Online website http://statutes.agc.gov.sg: