In brief

  • The Singapore Government has indicated its intention to introduce data privacy legislation to take effect as early as 2012.
  • The government has stated that the aim of the legislation will be to protect individuals’ personal data against unauthorised use and disclosure for profit and the legislation will likely introduce consent requirements in relation to the disclosure of personal data.
  • A Data Protection Council is expected to be set up to administer compliance with the new legislation.

In February 2011 Singapore’s Minister for Information, Communications and the Arts announced that data privacy legislation will be introduced in Singapore to take effect as early as 2012.

Background

At present, there is no recognition of a general right to privacy under Singapore law, although there are some specific protections set out in legislation.

Proposed new legislation

The government has stated that the aim of the new legislation will be to protect individuals’ personal data against unauthorised use and disclosure for profit and the legislation will likely introduce consent requirements in relation to the disclosure of personal data. A Data Protection Council is expected to be set up to administer compliance with the law.

The legislation is intended to be modelled on, and comply with, the EU Data Protection Directive (EU Directive), which among other things prohibits the transfer of data to countries which do not guarantee an adequate level of protection.

Implications for employers

The proposed legislation will require employers to consider their existing systems for data handling, storage, transfer and disposal. While employers may need to adapt some changes to reflect the requirements of the legislation (once enacted), significant changes may not be required if such systems already comply with overseas data protection legalisation, particularly legislation that is also modelled on the EU Directive.