[Deleted by Act 22 of 2016 wef 01/10/2016]

“advisory committee” means an advisory committee appointed under section 7;

“Appeal Committee” means a Data Protection Appeal Committee nominated under section 33(4);

“Appeal Panel” means the Data Protection Appeal Panel established under section 33(1);

“appointed day” means the date of commencement of Parts III to VI;

“authorised officer”, in relation to the exercise of any power or performance of any function or duty under any provision of this Act, means a person to whom the exercise of that power or performance of that function or duty under that provision has been delegated under section 38 of the Info-communications Media Development Authority Act 2016;

[Act 22 of 2016 wef 01/10/2016]

“Authority” means the Info-communications Media Development Authority established by section 3 of the Info-communications Media Development Authority Act 2016;

[Act 22 of 2016 wef 01/10/2016]

“benefit plan” means an insurance policy, a pension plan, an annuity, a provident fund plan or other similar plan;

“business” includes the activity of any organisation, whether or not carried on for purposes of gain, or conducted on a regular, repetitive or continuous basis, but does not include an individual acting in his personal or domestic capacity;

“business contact information” means an individual’s name, position name or title, business telephone number, business address, business electronic mail address or business fax number and any other similar information about the individual, not provided by the individual solely for his personal purposes;

[Deleted by Act 22 of 2016 wef 01/10/2016]

“Chief Executive”, in relation to the Authority, means the Chief Executive of the Authority appointed under section 40(2) of the Info-communications Media Development Authority Act 2016, and includes any individual acting in that capacity;

[Act 22 of 2016 wef 01/10/2016]

“Commission” means the person designated as the Personal Data Protection Commission under section 5 to be responsible for the administration of this Act;

[Act 22 of 2016 wef 01/10/2016]

“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);

[Act 22 of 2016 wef 01/10/2016]

“credit bureau” means an organisation which —

“credit report” means a communication, whether in written, oral or other form, provided to an organisation to assess the creditworthiness of an individual in relation to a transaction between the organisation and the individual;

“data intermediary” means an organisation which processes personal data on behalf of another organisation but does not include an employee of that other organisation;

“document” includes information recorded in any form;

“domestic” means related to home or family;

“education institution” means any organisation that provides education, including instruction, training or teaching, whether by itself or in association or collaboration with or by affiliation with any other person;

“employee” includes a volunteer;

“employment” includes working under an unpaid volunteer work relationship;

“evaluative purpose” means —

“individual” means a natural person, whether living or deceased;

“inspector” means an individual appointed as an inspector under section 8(1)(b);

[Act 22 of 2016 wef 01/10/2016]

“investigation” means an investigation relating to —

“national interest” includes national defence, national security, public security, the maintenance of essential services and the conduct of international affairs;

“organisation” includes any individual, company, association or body of persons, corporate or unincorporated, whether or not —

“personal data” means data, whether true or not, about an individual who can be identified —

“prescribed healthcare body” means a healthcare body, prescribed for the purposes of the Fourth Schedule by the Minister charged with the responsibility for health;

“prescribed law enforcement agency” means an authority charged with the duty of investigating offences or charging offenders under written law, prescribed for the purposes of section 21(4) and the Fourth Schedule by the Minister charged with the responsibility for that authority;

“private trust” means a trust for the benefit of one or more designated individuals who are friends, or members of the family, of the settlor;

“proceedings” means any civil, criminal or administrative proceedings by or before a court, tribunal or regulatory authority that is related to the allegation of —

“processing”, in relation to personal data, means the carrying out of any operation or set of operations in relation to the personal data, and includes any of the following:

“public agency” includes —

“publicly available”, in relation to personal data about an individual, means personal data that is generally available to the public, and includes personal data which can be observed by reasonably expected means at a location or an event —

“relevant body” means the Commission, the Appeal Panel or any Appeal Committee;

[Act 22 of 2016 wef 01/10/2016]

“tribunal” includes a judicial or quasi-judicial body or a disciplinary, an arbitral or a mediatory body.

(2) The Minister may, by notification in the Gazette, specify any statutory body established under a public Act for a public function to be a public agency for the purposes of this Act.

(a)

any individual acting in a personal or domestic capacity;

(b)

any employee acting in the course of his employment with an organisation;

(c)

any public agency or an organisation in the course of acting on behalf of a public agency in relation to the collection, use or disclosure of the personal data; or

(d)

any other organisations or personal data, or classes of organisations or personal data, prescribed for the purposes of this provision.

(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 —

(5) Except where business contact information is expressly referred to, Parts III to VI shall not apply to business contact information.

(6) Unless otherwise expressly provided in this Act —

(2) The Personal Data Protection Commission is responsible for the administration of this Act.

[Act 22 of 2016 wef 01/10/2016]

(a)

to promote awareness of data protection in Singapore;

(b)

to provide consultancy, advisory, technical, managerial or other specialist services relating to data protection;

(c)

to advise the Government on all matters relating to data protection;

(d)

to represent the Government internationally on matters relating to data protection;

(e)

to conduct research and studies and promote educational activities relating to data protection, including organising and conducting seminars, workshops and symposia relating thereto, and supporting other organisations conducting such activities;

(f)

to manage technical co-operation and exchange in the area of data protection with other organisations, including foreign data protection authorities and international or inter‑governmental organisations, on its own behalf or on behalf of the Government;

(g)

to administer and enforce this Act;

(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.

(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.

(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.

[Act 22 of 2016 wef 01/10/2016]

(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 —

(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.

(4) [Deleted by Act 22 of 2016 wef 01/10/2016]

(2) A legal counsel of the Commission who is an advocate and solicitor may —

(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.

[Act 22 of 2016 wef 01/10/2016]

(2) A co-operation agreement may include provisions —

(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 —

(5) In this section —

(2) An organisation is responsible for personal data in its possession or under its control.

(3) An organisation shall designate one or more individuals to be responsible for ensuring that the organisation complies with this Act.

(4) An individual designated under subsection (3) may delegate to another individual the responsibility conferred by that designation.

(5) An organisation shall make available to the public the business contact information of at least one of the individuals designated under subsection (3) or delegated under subsection (4).

(6) The designation of an individual by an organisation under subsection (3) shall not relieve the organisation of any of its obligations under this Act.

(a)

develop and implement policies and practices that are necessary for the organisation to meet the obligations of the organisation under this Act;

(b)

develop a process to receive and respond to complaints that may arise with respect to the application of this Act;

(c)

communicate to its staff information about the organisation’s policies and practices referred to in paragraph (a); and

(d)

make information available on request about —

(a)

the individual gives, or is deemed to have given, his consent under this Act to the collection, use or disclosure, as the case may be; or

(b)

the collection, use or disclosure, as the case may be, without the consent of the individual is required or authorised under this Act or any other written law.

(a)

the individual has been provided with the information required under section 20; and

(b)

the individual provided his consent for that purpose in accordance with this Act.

(2) An organisation shall not —

(3) Any consent given in any of the circumstances in subsection (2) is not validly given for the purposes of this Act.

(4) In this Act, references to consent given, or deemed to have been given, by an individual for the collection, use or disclosure of personal data about the individual shall include consent given, or deemed to have been given, by any person validly acting on behalf of that individual for the collection, use or disclosure of such personal data.

(a)

the individual, without actually giving consent referred to in section 14, voluntarily provides the personal data to the organisation for that purpose; and

(b)

it is reasonable that the individual would voluntarily provide the data.

(2) If an individual gives, or is deemed to have given, consent to the disclosure of personal data about the individual by one organisation to another organisation for a particular purpose, the individual is deemed to consent to the collection, use or disclosure of the personal data for that particular purpose by that other organisation.

(2) On receipt of the notice referred to in subsection (1), the organisation concerned shall inform the individual of the likely consequences of withdrawing his consent.

(3) An organisation shall not prohibit an individual from withdrawing his consent to the collection, use or disclosure of personal data about the individual, but this section shall not affect any legal consequences arising from such withdrawal.

(4) Subject to section 25, if an individual withdraws consent to the collection, use or disclosure of personal data about the individual by an organisation for any purpose, the organisation shall cease (and cause its data intermediaries and agents to cease) collecting, using or disclosing the personal data, as the case may be, unless such collection, use or disclosure, as the case may be, without the consent of the individual is required or authorised under this Act or other written law.

(2) An organisation may use personal data about an individual, without the consent of the individual, only in the circumstances and subject to any condition in the Third Schedule.

(3) An organisation may disclose personal data about an individual, without the consent of the individual, only in the circumstances and subject to any condition in the Fourth Schedule.

(a)

that a reasonable person would consider appropriate in the circumstances; and

(b)

that the individual has been informed of under section 20, if applicable.

(a)

consent for such use is withdrawn in accordance with section 16; or

(b)

the individual, whether before, on or after the appointed day, has otherwise indicated to the organisation that he does not consent to the use of the personal data.

(a)

the purposes for the collection, use or disclosure of the personal data, as the case may be, on or before collecting the personal data;

(b)

any other purpose of the use or disclosure of the personal data of which the individual has not been informed under paragraph (a), before the use or disclosure of the personal data for that purpose; and

(c)

on request by the individual, the business contact information of a person who is able to answer on behalf of the organisation the individual’s questions about the collection, use or disclosure of the personal data.

(2) An organisation, on or before collecting personal data about an individual from another organisation without the consent of the individual, shall provide the other organisation with sufficient information regarding the purpose of the collection to allow that other organisation to determine whether the disclosure would be in accordance with this Act.

(3) Subsection (1) shall not apply if —

(4) Notwithstanding subsection (3), an organisation, on or before collecting, using or disclosing the personal data about an individual for the purpose of managing or terminating an employment relationship between the organisation and that individual, shall inform the individual of —

(a)

personal data about the individual that is in the possession or under the control of the organisation; and

(b)

information about the ways in which the personal data referred to in paragraph (a) has been or may have been used or disclosed by the organisation within a year before the date of the request.

(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.

(3) An organisation shall not provide an individual with the individual’s personal data or other information under subsection (1) if the provision of that personal data or other information, as the case may be, could reasonably be expected to —

(4) An organisation shall not inform any individual under subsection (1) that it has disclosed personal data to a prescribed law enforcement agency if the disclosure was made without the consent of the individual pursuant to paragraph 1(f) or (n) of the Fourth Schedule or under any other written law.

(5) If an organisation is able to provide the individual with the individual’s personal data and other information requested under subsection (1) without the personal data or other information excluded under subsections (2), (3) and (4), the organisation shall provide the individual with access to the personal data and other information without the personal data or other information excluded under subsections (2), (3) and (4).

(2) Unless the organisation is satisfied on reasonable grounds that a correction should not be made, the organisation shall —

(3) An organisation (not being a credit bureau) may, if the individual consents, send the corrected personal data only to specific organisations to which the personal data was disclosed by the organisation within a year before the date the correction was made.

(4) When an organisation is notified under subsection (2)(b) or (3) of a correction of personal data, the organisation shall correct the personal data in its possession or under its control unless the organisation is satisfied on reasonable grounds that the correction should not be made.

(5) If no correction is made under subsection (2)(a) or (4), the organisation shall annotate the personal data in its possession or under its control with the correction that was requested but not made.

(6) Nothing in this section shall require an organisation to correct or otherwise alter an opinion, including a professional or an expert opinion.

(7) An organisation is not required to comply with this section in respect of the matters specified in the Sixth Schedule.

(a)

is likely to be used by the organisation to make a decision that affects the individual to whom the personal data relates; or

(b)

is likely to be disclosed by the organisation to another organisation.

(a)

the purpose for which that personal data was collected is no longer being served by retention of the personal data; and

(b)

retention is no longer necessary for legal or business purposes.

(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.

(3) An exemption under subsection (2) —

(4) The Commission may at any time add to, vary or revoke any condition imposed under this section.

(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.

(a)

a refusal to provide access to personal data requested by the complainant under section 21, or a failure to provide such access within a reasonable time;

(b)

a fee required from the complainant by an organisation in relation to a request by the complainant under section 21 or 22; or

(c)

a refusal to correct personal data in accordance with a request by the complainant under section 22, or a failure to make such correction within a reasonable time.

(2) Upon completion of its review under subsection (1), the Commission may —

(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:

(3) Subsection (2)(d) shall not apply in relation to any failure to comply with a provision of this Act, the breach of which is an offence under this Act.

(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.

(6) Any interest ordered to be paid under subsection (5) shall form part of the penalty payable and be enforced in accordance with section 30.

(2) From the date of registration of any direction under subsection (1), the direction shall be of the same force and effect, and all proceedings may be taken on the direction, for the purposes of enforcement as if it had been an order originally obtained in the District Court which shall have power to enforce it accordingly.

(3) A District Court shall have jurisdiction to enforce any direction in accordance with subsection (2) regardless of the monetary amount involved and may, for the purpose of enforcing such direction, make any order —

(a)

any direction made by the Commission under section 27(2) or section 29(1) or (2); or

(b)

any direction or decision made under section 28(2),

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 —

(5) There shall be no application for reconsideration of a decision made under subsection (4)(b).

(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.

(3) The court may grant to the plaintiff in an action under subsection (1) all or any of the following:

(2) The Minister shall appoint the members of the Appeal Panel.

(3) The Chairman of the Appeal Panel shall be appointed by the Minister from among the members of the Appeal Panel.

(4) For the purpose of hearing any appeal under section 34, the Chairman of the Appeal Panel may nominate a Data Protection Appeal Committee comprising 3 or more members of the Appeal Panel.

(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.

(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),

may, within 28 days after the issue of the direction or decision concerned, appeal to the Chairman of the Appeal Panel against that direction or decision.

(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.

(3) Unless the Appeal Committee decides otherwise in any particular case, the making of an appeal under this section shall not suspend the effect of the direction or decision to which the appeal relates except in the case of an appeal against the imposition of a financial penalty or the amount thereof.

(4) An Appeal Committee hearing an appeal may confirm, vary or set aside the direction or decision which is the subject of the appeal, and, in particular, may —

(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.

(6) If an Appeal Committee confirms the direction or decision which is the subject of the appeal, it may nevertheless set aside any finding of fact on which the direction or decision was based.

(a)

on a point of law arising from a direction or decision of the Appeal Committee; or

(b)

from any direction of the Appeal Committee as to the amount of a financial penalty.

(2) An appeal under this section may be made only at the instance of —

(3) The High Court shall hear and determine any such appeal and may —

(4) There shall be such further right of appeal from decisions of the High Court under this section as exists in the case of decisions made by that Court in the exercise of its original civil jurisdiction.

“calling line identity” means the telephone number or information identifying the sender;

“financial services” has the same meaning as in section 2 of the Consumer Protection (Fair Trading) Act (Cap. 52A);

“goods” means any personal property, whether tangible or intangible, and shall be deemed to include —

“message” means any message, whether in sound, text, visual or other form;

“register” means any Do Not Call Register kept and maintained under section 39;

“send”, in relation to a message, means —

“sender”, in relation to a message, means a person —

“services” includes —

“Singapore telephone number” means —

“subscriber”, in relation to a Singapore telephone number, means the subscriber of the telecommunications service to which the Singapore telephone number is allocated;

“time share accommodation” means any living accommodation, in Singapore or elsewhere, used or intended to be used (wholly or partly) for leisure purposes by a class of persons all of whom have rights to use, or participate in arrangements under which they may use, that accommodation or accommodation within a pool of accommodation to which that accommodation belongs;

“time share contract” means a contract which confers or purports to confer on an individual time share rights that are exercisable during a period of not less than 3 years;

“voice call” includes —

(2) For the purposes of this Part, a telecommunications service provider who merely provides a service that enables a specified message to be sent shall, unless the contrary is proved, be presumed not to have sent the message and not to have authorised the message to be sent.

(3) For the purposes of this Part, if a specified message is sent and at the relevant time the telecommunications device, service or network from which it was sent was controlled by a person without the knowledge of the owners or authorised users of the telecommunications device, service or network, the owners or authorised users shall, unless the contrary is proved, be presumed not to have sent the message and not to have authorised the sending of the message.

(4) In subsection (3), “control” means either physical control or control through the use of software or other means.

(a)

the content of the message;

(b)

the presentational aspects of the message;

(c)

the content that can be obtained using the numbers, URLs or contact information (if any) mentioned in the message; and

(d)

if the telephone number from which the message is made is disclosed to the recipient (whether by calling line identity or otherwise), the content (if any) that can be obtained by calling that number,

it would be concluded that the purpose, or one of the purposes, of the message is —

(i)

to offer to supply goods or services;

(ii)

to advertise or promote goods or services;

(iii)

to advertise or promote a supplier, or prospective supplier, of goods or services;

(iv)

to offer to supply land or an interest in land;

(v)

to advertise or promote land or an interest in land;

(vi)

to advertise or promote a supplier, or prospective supplier, of land or an interest in land;

(vii)

to offer to provide a business opportunity or an investment opportunity;

(viii)

to advertise or promote a business opportunity or an investment opportunity;

(ix)

to advertise or promote a provider, or prospective provider, of a business opportunity or an investment opportunity; or

(x)

any other prescribed purpose related to obtaining or providing information.

(2) For the purposes of subsection (1)(i) to (x), it is immaterial whether —

(3) Subject to subsection (4), a person who authorises another person to offer, advertise or promote the first person’s goods, services, land, interest or opportunity shall be deemed to have authorised the sending of any message sent by the second person that offers, advertises or promotes that first person’s goods, services, land, interest or opportunity.

(4) For the purposes of subsection (3), a person who takes reasonable steps to stop the sending of any message referred to in that subsection shall be deemed not to have authorised the sending of the message.

(5) For the purposes of this Part, a specified message shall not include any message referred to in the Eighth Schedule.

(a)

the sender of the specified message is present in Singapore when the specified message is sent; or

(b)

the recipient of the specified message is present in Singapore when the specified message is accessed.

(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.

(a)

to add his Singapore telephone number to a register; or

(b)

to remove his Singapore telephone number from a register.

(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.

(2) A telecommunications service provider which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(3) In this section, “terminated Singapore telephone number” means —

(4) For the purpose of subsection (1), where —

(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.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(3) In any proceedings for an offence under subsection (1), it shall be a defence for the person charged to prove that the subscriber or user of the telephone number —

(4) For the purpose of this section —

(a)

the specified message includes clear and accurate information identifying the individual or organisation who sent or authorised the sending of the specified message;

(b)

the specified message includes clear and accurate information about how the recipient can readily contact that individual or organisation;

(c)

the specified message includes such information and complies with such conditions as is or are specified in the regulations, if any; and

(d)

the information included in the specified message in compliance with this subsection is reasonably likely to be valid for at least 30 days after the message is sent.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(a)

conceal or withhold from the recipient the calling line identity of the sender;

(b)

perform any operation or issue any instruction in connection with the sending of the specified message for the purpose of, or that has the effect of, concealing or withholding from the recipient the calling line identity of the sender.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(2) If a person obtains or attempts to obtain consent for sending a specified message to a Singapore telephone number —

(2) A person shall not prohibit a subscriber or user of a Singapore telephone number from withdrawing his consent to the sending of a specified message to that Singapore telephone number, but this section shall not affect any legal consequences arising from such withdrawal.

(3) If a subscriber or user of a Singapore telephone number gives notice withdrawing consent given to a person for the sending of any specified message to that Singapore telephone number, the person shall cease (and cause its agent to cease) sending any specified message to that Singapore telephone number after the expiry of the prescribed period.

(4) For the purposes of this Part, a subscriber or user of a Singapore telephone number shall be deemed to have given his consent to a person to send a specified message to that Singapore telephone number if the subscriber or user —

(5) For the purposes of this Part, where a subscriber or user of a Singapore telephone number —

(6) For the avoidance of doubt, a subscriber of a Singapore telephone number may, at any time on or after the date of commencement of this Part, withdraw any consent given for the sending of a specified message to that Singapore telephone number.

(a)

in the course of his employment; or

(b)

in accordance with instructions given to him by or on behalf of his employer in the course of his employment.

(2) Subsection (1) does not apply to an employee who, at the time the act was done or the conduct was engaged in, was an officer and it is proved —

(3) In subsection (2), “officer” has the same meaning as in section 52(5).

(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.

(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:

(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.

(2) Any 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 —

(4) An organisation or person that commits an offence under subsection (3)(a) is liable —

(5) An organisation or person that commits an offence under subsection (3)(b) or (c) is liable —

(a)

to have been committed with the consent or connivance of an officer; or

(b)

to be attributable to any neglect on his part,

the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3) Where an offence under this Act committed by a partnership is proved —

(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —

(5) In this section —

(6) Regulations may be made to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.

(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.

(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, 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.

(3) On payment of such sum of money, no further proceedings shall 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 which may be compounded.

[Act 22 of 2016 wef 01/10/2016]

(a)

are deemed to be public servants for the purposes of the Penal Code (Cap. 224); 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 (Cap. 109); and section 20 of that Act applies to these individuals even though they are not or were not in the employment of the Government.

(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.

[Act 22 of 2016 wef 01/10/2016]

(a)

in a prosecution for perjury or for the furnishing 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.

(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 furnishing information to the Commission,

that may come to his knowledge in the performance of his functions and discharge of his duties under this Act and shall not communicate any such matter to any person, except in so far as such communication —

(i)

is necessary for the performance of any such function or discharge of any such duty; or

(ii)

is lawfully required by any court, or lawfully required or permitted under this Act or any other written law.

(2) Any person who fails to comply with subsection (1) shall be guilty of an offence.

(3) Any person, when furnishing any information to the Commission, may identify information that he claims to be confidential information.

(4) Every claim made under subsection (3) shall be supported by a written statement giving reasons why the information is confidential.

(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:

(6) The conditions referred to in subsection (5)(e) are —

(7) In this section, “specified person” means a person who is or has been —

(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 him 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 —

(i)

the exercise or purported exercise of any power under this Act or any other written law;

(ii)

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

(iii)

the compliance or purported compliance with this Act or any other written law.

(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.

(2) An order under this section shall be presented to Parliament as soon as possible after publication in the Gazette.

(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:

(3) Regulations made under this section may provide differently for different organisations, individuals, classes of organisations or classes of individuals.

(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.

(7) For a period of 2 years after the date of commencement of any provision of section 96 of the Info‑communications Media Development Authority Act 2016, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision, as the Minister may consider necessary or expedient.

(8) This section does not affect the operation of section 16 of the Interpretation Act (Cap. 1).

(9) In this section —