Advisory guidelines
49.—(1) The Commission may 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 be varied, amended or revoked by the Commission.
(3) The Commission must publish the guidelines in any way the Commission thinks fit, but failure to comply with this subsection in respect of any guidelines does not invalidate the guidelines.
—(1) The Commission may 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 be varied, amended or revoked by the Commission.
(3) The Commission must publish the guidelines in any way the Commission thinks fit, but failure to comply with this subsection in respect of any guidelines does not invalidate the guidelines.
Powers of investigation
50.—(1) The Commission may, upon complaint or of its own motion, conduct an investigation under this section to determine whether or not an organisation or a person is complying with this Act, including a voluntary undertaking given by the organisation or person under section 48L(1).[40/2020]
(2) The powers of investigation under this section of the Commission and the inspectors are 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:(a)
the complainant has not complied with a direction under section 48G(2);
(b)
the parties involved in the matter have mutually agreed to settle the matter;
(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;
(ca)
the Commission accepts a voluntary undertaking given by an organisation or a person under section 48L(1) in relation to the matter;
(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;
(e)
the Commission is of the opinion that —(i)
a complaint is frivolous or vexatious or is not made in good faith; or
(ii)
any other circumstances warrant refusing to conduct, suspending or discontinuing the investigation.[40/2020]
(3A) To avoid doubt, despite subsection (3)(ca), the Commission may conduct or resume an investigation under this section at any time if an organisation or a person fails to comply with a voluntary undertaking given by the organisation or person under section 48L(1) in relation to any matter.[40/2020]
(4) An organisation must 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.
—(1) The Commission may, upon complaint or of its own motion, conduct an investigation under this section to determine whether or not an organisation or a person is complying with this Act, including a voluntary undertaking given by the organisation or person under section 48L(1).[40/2020]
(2) The powers of investigation under this section of the Commission and the inspectors are 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:(a)
the complainant has not complied with a direction under section 48G(2);
(b)
the parties involved in the matter have mutually agreed to settle the matter;
(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;
(ca)
the Commission accepts a voluntary undertaking given by an organisation or a person under section 48L(1) in relation to the matter;
(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;
(e)
the Commission is of the opinion that —(i)
a complaint is frivolous or vexatious or is not made in good faith; or
(ii)
any other circumstances warrant refusing to conduct, suspending or discontinuing the investigation.[40/2020]
(3A) To avoid doubt, despite subsection (3)(ca), the Commission may conduct or resume an investigation under this section at any time if an organisation or a person fails to comply with a voluntary undertaking given by the organisation or person under section 48L(1) in relation to any matter.[40/2020]
(4) An organisation must 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.
Offences and penalties
51.—(1) A person shall be guilty of an offence if the person —(a)
makes a request under section 21(1) to obtain access to personal data about another individual without the authority of that other individual;
(b)
makes a request under section 22(1) to change personal data about another individual without the authority of that other individual; or
(c)
subject to subsection (1A), gives a porting organisation a data porting request under section 26H(1) to transmit personal data about another individual to a receiving organisation without the authority of that other individual.[40/2020]
(1A) Subsection (1)(c) does not apply to an individual who gives a data porting request under section 26H(1), in the individual’s personal or domestic capacity, to transmit any user activity data or user‑provided data about the individual even though the user activity data or user‑provided data (as the case may be) includes personal data about another individual.[40/2020]
(2) A person guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(3) An organisation or person commits an offence if the organisation or person —(a)
with an intent to evade a request under section 21 or 22, disposes of, alters, falsifies, conceals or destroys, or directs another person to dispose of, alter, falsify, conceal or destroy, a record containing —(i)
personal data; or
(ii)
information about the collection, use or disclosure of personal data;
(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;
(ba)
without reasonable excuse, neglects or refuses to provide any information or produce any document which the organisation or person is required by or under this Act to provide or produce to the Commission or an inspector;
(bb)
without reasonable excuse, neglects or refuses to attend before the Commission or an inspector as required by or under this Act; or
(c)
makes a statement, or provides 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.[22/2016; 40/2020]
(4) An organisation or person that commits an offence under subsection (3)(a) is liable —(a)
in the case of an individual, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in any other case, to a fine not exceeding $50,000.[40/2020]
(5) An organisation or person that commits an offence under subsection (3)(b) or (c) is liable —(a)
in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in any other case, to a fine not exceeding $100,000.
(6) An organisation or a person that commits an offence under subsection (3)(ba) or (bb) is liable —(a)
in the case of an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and
(b)
in any other case — to a fine not exceeding $10,000.[40/2020]
—(1) A person shall be guilty of an offence if the person —(a)
makes a request under section 21(1) to obtain access to personal data about another individual without the authority of that other individual;
(b)
makes a request under section 22(1) to change personal data about another individual without the authority of that other individual; or
(c)
subject to subsection (1A), gives a porting organisation a data porting request under section 26H(1) to transmit personal data about another individual to a receiving organisation without the authority of that other individual.[40/2020]
(1A) Subsection (1)(c) does not apply to an individual who gives a data porting request under section 26H(1), in the individual’s personal or domestic capacity, to transmit any user activity data or user‑provided data about the individual even though the user activity data or user‑provided data (as the case may be) includes personal data about another individual.[40/2020]
(2) A person guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(3) An organisation or person commits an offence if the organisation or person —(a)
with an intent to evade a request under section 21 or 22, disposes of, alters, falsifies, conceals or destroys, or directs another person to dispose of, alter, falsify, conceal or destroy, a record containing —(i)
personal data; or
(ii)
information about the collection, use or disclosure of personal data;
(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;
(ba)
without reasonable excuse, neglects or refuses to provide any information or produce any document which the organisation or person is required by or under this Act to provide or produce to the Commission or an inspector;
(bb)
without reasonable excuse, neglects or refuses to attend before the Commission or an inspector as required by or under this Act; or
(c)
makes a statement, or provides 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.[22/2016; 40/2020]
(4) An organisation or person that commits an offence under subsection (3)(a) is liable —(a)
in the case of an individual, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in any other case, to a fine not exceeding $50,000.[40/2020]
(5) An organisation or person that commits an offence under subsection (3)(b) or (c) is liable —(a)
in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in any other case, to a fine not exceeding $100,000.
(6) An organisation or a person that commits an offence under subsection (3)(ba) or (bb) is liable —(a)
in the case of an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and
(b)
in any other case — to a fine not exceeding $10,000.[40/2020]
Offences by corporations
52.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a)
an officer, employee or agent of the corporation engaged in that conduct within the scope of the actual or apparent authority of the officer, employee or agent, as the case may be; and
(b)
the officer, employee or agent had that state of mind,
is evidence that the corporation had that state of mind.
[40/2020]
(2) Where a corporation commits an offence under this Act, a person —(a)
who is —(i)
an officer of the corporation; or
(ii)
an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or
(iii)
knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.
[40/2020]
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.[40/2020]
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.[40/2020]
(5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence.[40/2020]
(6) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any corporation formed or recognised under the law of a territory outside Singapore.[40/2020]
(7) In this section —“corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005;
“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —(a)
any person purporting to act in any such capacity; and
(b)
for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;
“state of mind” of a person includes —(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.[40/2020]
—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a)
an officer, employee or agent of the corporation engaged in that conduct within the scope of the actual or apparent authority of the officer, employee or agent, as the case may be; and
(b)
the officer, employee or agent had that state of mind,
is evidence that the corporation had that state of mind.
[40/2020]
(2) Where a corporation commits an offence under this Act, a person —(a)
who is —(i)
an officer of the corporation; or
(ii)
an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or
(iii)
knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.
[40/2020]
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.[40/2020]
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.[40/2020]
(5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence.[40/2020]
(6) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any corporation formed or recognised under the law of a territory outside Singapore.[40/2020]
(7) In this section —“corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005;
“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —(a)
any person purporting to act in any such capacity; and
(b)
for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;
“state of mind” of a person includes —(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.[40/2020]
Offences by unincorporated associations or partnerships
52A.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a)
an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of the actual or apparent authority of the employee or agent, as the case may be; and
(b)
the employee or agent had that state of mind,
is evidence that the unincorporated association or partnership had that state of mind.
[40/2020]
(2) Where an unincorporated association or a partnership commits an offence under this Act, a person —(a)
who is —(i)
an officer of the unincorporated association or a member of its governing body;
(ii)
a partner in the partnership; or
(iii)
an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or
(iii)
knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly.
[40/2020]
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear.[40/2020]
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.[40/2020]
(5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence.[40/2020]
(6) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a territory outside Singapore.[40/2020]
(7) In this section —“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary or any member of the committee of the unincorporated association, and includes —(a)
any person holding a position analogous to that of president, secretary or member of the committee of the unincorporated association; and
(b)
any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner;
“state of mind” of a person includes —(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.[40/2020]
—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a)
an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of the actual or apparent authority of the employee or agent, as the case may be; and
(b)
the employee or agent had that state of mind,
is evidence that the unincorporated association or partnership had that state of mind.
[40/2020]
(2) Where an unincorporated association or a partnership commits an offence under this Act, a person —(a)
who is —(i)
an officer of the unincorporated association or a member of its governing body;
(ii)
a partner in the partnership; or
(iii)
an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or
(iii)
knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly.
[40/2020]
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear.[40/2020]
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.[40/2020]
(5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence.[40/2020]
(6) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a territory outside Singapore.[40/2020]
(7) In this section —“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary or any member of the committee of the unincorporated association, and includes —(a)
any person holding a position analogous to that of president, secretary or member of the committee of the unincorporated association; and
(b)
any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner;
“state of mind” of a person includes —(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.[40/2020]
Liability of employers for acts of employees
53.—(1) Any act done or conduct engaged in by a person in the course of his or her employment (called in this section the employee) is treated for the purposes of this Act as done or engaged in by his or her employer as well as by the employee, whether or not it was done or engaged in with the employer’s knowledge or approval.(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 the person 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 or her employment, acts or conduct (as the case may be) of that description.
—(1) Any act done or conduct engaged in by a person in the course of his or her employment (called in this section the employee) is treated for the purposes of this Act as done or engaged in by his or her employer as well as by the employee, whether or not it was done or engaged in with the employer’s knowledge or approval.
(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 the person 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 or her employment, acts or conduct (as the case may be) of that description.
Jurisdiction of court
54. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.
Composition of offences
55.—(1) The Commission may compound any offence under this Act (except Part 9) that 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:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
a sum of $5,000.
(2) The Commission may compound any offence under Part 9 that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000.
(3) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.
(4) The Commission may, with the approval of the Minister, make regulations prescribing the offences that may be compounded.[22/2016]
—(1) The Commission may compound any offence under this Act (except Part 9) that 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:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
a sum of $5,000.
(2) The Commission may compound any offence under Part 9 that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000.
(3) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.
(4) The Commission may, with the approval of the Minister, make regulations prescribing the offences that may be compounded.[22/2016]
General penalties
56. A person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
Public servants and public officers
57.—(1) All individuals appointed under section 8(1) —(a)
are deemed to be public servants for the purposes of the Penal Code 1871; and
(b)
are, in relation to their administration, assessment, collection or enforcement of payment of composition sums under this Act, deemed to be public officers for the purposes of the Financial Procedure Act 1966; and section 20 of that Act applies to these individuals even though they are not or were not in the employment of the Government.[22/2016]
(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 1871.[22/2016]
—(1) All individuals appointed under section 8(1) —(a)
are deemed to be public servants for the purposes of the Penal Code 1871; and
(b)
are, in relation to their administration, assessment, collection or enforcement of payment of composition sums under this Act, deemed to be public officers for the purposes of the Financial Procedure Act 1966; and section 20 of that Act applies to these individuals even though they are not or were not in the employment of the Government.[22/2016]
(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 1871.[22/2016]
Evidence in proceedings
58.—(1) The Commission, the Appeal Panel, an Appeal Committee, their members and anyone acting for or under the direction of the Commission must 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 —(a)
in a prosecution for perjury or for the provision of false information;
(b)
in a prosecution for an offence under this Act; or
(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.
—(1) The Commission, the Appeal Panel, an Appeal Committee, their members and anyone acting for or under the direction of the Commission must 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 —(a)
in a prosecution for perjury or for the provision of false information;
(b)
in a prosecution for an offence under this Act; or
(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.
Preservation of secrecy
59.—(1) Subject to subsection (5), every specified person must preserve, and aid in the preservation of, secrecy with regard to —(a)
any personal data an organisation would be required or authorised to refuse to disclose if it were contained in personal data requested under section 21;
(b)
whether information exists, if an organisation in refusing to provide access under section 21 does not indicate whether the information exists;
(c)
all matters that have been identified as confidential under subsection (3); and
(d)
all matters relating to the identity of persons providing information to the Commission,
that may come to the specified person’s knowledge in the performance of the specified person’s functions and discharge of the specified person’s duties under this Act and must not communicate any such matter to any person, except insofar as such communication —
(e)
is necessary for the performance of any such function or discharge of any such duty; or
(f)
is lawfully required by any court, or lawfully required or permitted under this Act or any other written law.
(2) A person who fails to comply with subsection (1) shall be guilty of an offence.
(3) A person, when providing any information to the Commission, may identify information that the person claims to be confidential information.
(4) Every claim made under subsection (3) must be supported by a written statement giving reasons why the information is confidential.
(5) Despite 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:(a)
where the consent of the person to whom the information relates has been obtained;
(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;
(c)
to give effect to any provision of this Act;
(d)
for the purposes of a prosecution, an application or an appeal mentioned in section 58(1)(a), (b) or (c);
(e)
to comply with any provision of a cooperation agreement entered into under section 10, where the conditions specified in subsection (6) are satisfied; or
(f)
to a public body in such circumstances as the Minister may prescribe.
(6) The conditions mentioned in subsection (5)(e) are —(a)
that the information or documents requested by the foreign country are in the possession of the Commission;
(b)
that unless the Government otherwise allows, the foreign country undertakes to keep the information given confidential at all times; and
(c)
that the disclosure of the information is not likely to be contrary to the public interest.
(7) In this section, “specified person” means a person who is or has been —(a)
a member or an officer of a relevant body;
(aa)
a person authorised or appointed by a relevant body to perform the relevant body’s functions or duties, or exercise the relevant body’s powers, under this Act or any other written law;
(b)
a member of a committee of a relevant body or any person authorised, appointed or employed to assist the relevant body; or
(c)
an inspector or a person authorised, appointed or employed to assist an inspector.[22/2016]
—(1) Subject to subsection (5), every specified person must preserve, and aid in the preservation of, secrecy with regard to —(a)
any personal data an organisation would be required or authorised to refuse to disclose if it were contained in personal data requested under section 21;
(b)
whether information exists, if an organisation in refusing to provide access under section 21 does not indicate whether the information exists;
(c)
all matters that have been identified as confidential under subsection (3); and
(d)
all matters relating to the identity of persons providing information to the Commission,
that may come to the specified person’s knowledge in the performance of the specified person’s functions and discharge of the specified person’s duties under this Act and must not communicate any such matter to any person, except insofar as such communication —
(e)
is necessary for the performance of any such function or discharge of any such duty; or
(f)
is lawfully required by any court, or lawfully required or permitted under this Act or any other written law.
(2) A person who fails to comply with subsection (1) shall be guilty of an offence.
(3) A person, when providing any information to the Commission, may identify information that the person claims to be confidential information.
(4) Every claim made under subsection (3) must be supported by a written statement giving reasons why the information is confidential.
(5) Despite 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:(a)
where the consent of the person to whom the information relates has been obtained;
(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;
(c)
to give effect to any provision of this Act;
(d)
for the purposes of a prosecution, an application or an appeal mentioned in section 58(1)(a), (b) or (c);
(e)
to comply with any provision of a cooperation agreement entered into under section 10, where the conditions specified in subsection (6) are satisfied; or
(f)
to a public body in such circumstances as the Minister may prescribe.
(6) The conditions mentioned in subsection (5)(e) are —(a)
that the information or documents requested by the foreign country are in the possession of the Commission;
(b)
that unless the Government otherwise allows, the foreign country undertakes to keep the information given confidential at all times; and
(c)
that the disclosure of the information is not likely to be contrary to the public interest.
(7) In this section, “specified person” means a person who is or has been —(a)
a member or an officer of a relevant body;
(aa)
a person authorised or appointed by a relevant body to perform the relevant body’s functions or duties, or exercise the relevant body’s powers, under this Act or any other written law;
(b)
a member of a committee of a relevant body or any person authorised, appointed or employed to assist the relevant body; or
(c)
an inspector or a person authorised, appointed or employed to assist an inspector.[22/2016]
Protection from personal liability
60. No liability shall be incurred by —(a)
any member or officer of a relevant body;
(b)
any person authorised, appointed or employed to assist a relevant body;
(c)
any person who is on secondment or attachment to a relevant body;
(d)
any person authorised or appointed by a relevant body to exercise the relevant body’s powers, perform the relevant body’s functions or discharge the relevant body’s duties or to assist the relevant body in the exercise of its powers, the performance of its functions or the discharge of its duties under this Act or any other written law; or
(e)
any inspector or any person authorised, appointed or employed to assist an inspector in connection with any function or duty of the inspector under this Act,
as a result of anything done (including any statement made) or omitted to be done with reasonable care and in good faith in the course of or in connection with —
(f)
the exercise or purported exercise of any power under this Act or any other written law;
(g)
the performance or purported performance of any function or the discharge or purported discharge of any duty under this Act or any other written law; or
(h)
the compliance or purported compliance with this Act or any other written law.
Symbol of Commission
61.—(1) The Commission has the exclusive right to the use of such symbol or representation as may be prescribed in connection with its activities or affairs.(2) A 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.
—(1) The Commission has the exclusive right to the use of such symbol or representation as may be prescribed in connection with its activities or affairs.
(2) A 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.
Power to exempt
62. The Commission may, with the approval of the Minister, by order 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.
Certificate as to national interest
63. For the purposes of this Act, if any doubt arises as to whether anything is necessary for the purpose of, or could be contrary to, the national interest, a certificate signed by the Minister charged with responsibility for that matter is conclusive evidence of the matters stated in the certificate.
Amendment of Schedules
64.—(1) The Minister may, by order in the Gazette, amend any of the Schedules, except the Ninth Schedule.(2) An order under this section must be presented to Parliament as soon as possible after publication in the Gazette.
—(1) The Minister may, by order in the Gazette, amend any of the Schedules, except the Ninth Schedule.
(2) An order under this section must be presented to Parliament as soon as possible after publication in the Gazette.
Power to make regulations
65.—(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.[22/2016]
(2) Without limiting 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:(a)
[Deleted by Act 22 of 2016]
(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;
(ba)
the assessment and notification of notifiable data breaches, including —(i)
the steps and measures that an organisation must take in relation to the investigation and assessment of data breaches; and
(ii)
the form and manner in which the Commission and affected individuals must be notified of notifiable data breaches;
(bb)
the form, manner and procedures relating to data porting requests, including —(i)
the information and particulars that must be provided for such requests;
(ii)
the time for and content of a porting organisation’s responses to such requests;
(iii)
the steps that a receiving organisation must take to confirm the accessibility and completeness of any applicable data transmitted by a porting organisation; and
(iv)
the fees that a porting organisation may charge in respect of such requests;
(c)
the classes of persons who may act under this Act for minors, deceased persons or any other individuals who lack capacity to act under this Act and regulating the manner in which, and the extent to which, any rights or powers of individuals under this Act may be exercised on their behalf;
(d)
the form, manner and procedures relating to applications and complaints under this Act;
(e)
the conduct of reviews by the Commission under section 48H;
(f)
the form, manner and procedures for applications for reconsideration by the Commission under section 48N, 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;
(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;
(i)
the criteria for determining whether a Singapore telephone number is eligible to be listed in a register;
(j)
the manner in which entries in the register are to be made, corrected or removed;
(k)
the manner and form of giving or withdrawing consent for the sending of a specified message;
(l)
any other matter relating to the establishment, operation or administration of the register;
(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 made under section 40(2);
(n)
the requirements that checkers must comply with for the purposes of this Act.[22/2016; 40/2020]
(3) Regulations made under this section may provide differently for different organisations, individuals, classes of organisations or classes of individuals.
—(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.[22/2016]
(2) Without limiting 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:(a)
[Deleted by Act 22 of 2016]
(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;
(ba)
the assessment and notification of notifiable data breaches, including —(i)
the steps and measures that an organisation must take in relation to the investigation and assessment of data breaches; and
(ii)
the form and manner in which the Commission and affected individuals must be notified of notifiable data breaches;
(bb)
the form, manner and procedures relating to data porting requests, including —(i)
the information and particulars that must be provided for such requests;
(ii)
the time for and content of a porting organisation’s responses to such requests;
(iii)
the steps that a receiving organisation must take to confirm the accessibility and completeness of any applicable data transmitted by a porting organisation; and
(iv)
the fees that a porting organisation may charge in respect of such requests;
(c)
the classes of persons who may act under this Act for minors, deceased persons or any other individuals who lack capacity to act under this Act and regulating the manner in which, and the extent to which, any rights or powers of individuals under this Act may be exercised on their behalf;
(d)
the form, manner and procedures relating to applications and complaints under this Act;
(e)
the conduct of reviews by the Commission under section 48H;
(f)
the form, manner and procedures for applications for reconsideration by the Commission under section 48N, 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;
(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;
(i)
the criteria for determining whether a Singapore telephone number is eligible to be listed in a register;
(j)
the manner in which entries in the register are to be made, corrected or removed;
(k)
the manner and form of giving or withdrawing consent for the sending of a specified message;
(l)
any other matter relating to the establishment, operation or administration of the register;
(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 made under section 40(2);
(n)
the requirements that checkers must comply with for the purposes of this Act.[22/2016; 40/2020]
(3) Regulations made under this section may provide differently for different organisations, individuals, classes of organisations or classes of individuals.
Rules of Court
66. Rules of Court may be made to provide for the practice and procedure relating to actions under section 48O and appeals under section 48R, including the requirement that the claimant notify the Commission upon commencing any such action or appeal, and for matters related thereto.[40/2020]
[Act 25 of 2021 wef 01/04/2022]
Saving and transitional provisions
67.—(1) Every act done by or on behalf of the Former Commission before 1 October 2016 remains valid and has 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.[22/2016]
(2) Where any thing has been started by or on behalf of the Former Commission before 1 October 2016, the Commission may carry on and complete that thing on or after that date.[22/2016]
(3) Any approval, authorisation, decision, direction, exemption, guideline or notice (or other document) given or made by the Former Commission under this Act before 1 October 2016 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.[22/2016]
(4) Any application that is made to the Former Commission under this Act and is pending on 1 October 2016 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.[22/2016]
(5) Any appeal made before 1 October 2016 under Part 8 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.[22/2016]
(6) Any authorisation made by, or any certificate or other document signed by, the Chairman of the Former Commission under this Act before 1 October 2016 remains valid and is deemed to have been made or signed by the Chief Executive of the Authority under this Act.[22/2016]
(7) [22/2016]
(8) This section does not affect the operation of section 16 of the Interpretation Act 1965.[22/2016]
(9) In this section, “Former Commission” means the Personal Data Protection Commission established by section 5(1) as in force immediately before 1 October 2016.[22/2016]
—(1) Every act done by or on behalf of the Former Commission before 1 October 2016 remains valid and has 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.[22/2016]
(2) Where any thing has been started by or on behalf of the Former Commission before 1 October 2016, the Commission may carry on and complete that thing on or after that date.[22/2016]
(3) Any approval, authorisation, decision, direction, exemption, guideline or notice (or other document) given or made by the Former Commission under this Act before 1 October 2016 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.[22/2016]
(4) Any application that is made to the Former Commission under this Act and is pending on 1 October 2016 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.[22/2016]
(5) Any appeal made before 1 October 2016 under Part 8 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.[22/2016]
(6) Any authorisation made by, or any certificate or other document signed by, the Chairman of the Former Commission under this Act before 1 October 2016 remains valid and is deemed to have been made or signed by the Chief Executive of the Authority under this Act.[22/2016]
(7) [22/2016]
(8) This section does not affect the operation of section 16 of the Interpretation Act 1965.[22/2016]
(9) In this section, “Former Commission” means the Personal Data Protection Commission established by section 5(1) as in force immediately before 1 October 2016.[22/2016]
Dissolution
68.—(1) The Former Commission is dissolved.[22/2016]
(2) In this section, “Former Commission” has the meaning given by section 67(9).[22/2016]
—(1) The Former Commission is dissolved.[22/2016]
(2) In this section, “Former Commission” has the meaning given by section 67(9).[22/2016]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
