IMPLEMENTATION: Implementation timeframe
The interpretation of the PDPA in Part II of these Guidelines clarifies the applicable standard for the permissible collection...
APPLICATION OF DATA PROTECTION PROVISIONS: Alternatives to NRIC
PDPC does not prescribe the types of identifiers that organisations should adopt in place of NRIC numbers...
eBOOK ● PDPC-SEGMENT 6-PART 2 ● KNOWLEDGE BANK
APPLICATION OF DATA PROTECTION PROVISIONS: Retention of Physical NRIC
Given the importance of the NRIC as a national identification document that is issued to all citizens and permanent residents of Singapore...
eBOOK ● PDPC-SEGMENT 6-PART 2 ● KNOWLEDGE BANK
APPLICATION OF DATA PROTECTION PROVISIONS: Collection, use or disclosure of NRIC numbers (or copies of NRIC)
Organisations are generally not allowed to collect, use or disclose NRIC numbers (or copies of NRIC)...
eBOOK ● PDPC-SEGMENT 6-PART 2 ● KNOWLEDGE BANK
INTRODUCTION: Overview of the Data Protection Provisions
Organisations are generally not allowed to collect, use or disclose NRIC numbers (or copies of NRIC)...
eBOOK ● PDPC-SEGMENT 6-PART 1 ● KNOWLEDGE BANK
INTRODUCTION: Background
These Guidelines should be read in conjunction with the document titled “Introduction to the Guidelines"...
eBOOK ● PDPC-SEGMENT 6-PART 1 ● KNOWLEDGE BANK
DO NOT CALL PROVISIONS
The Do Not Call Provisions under the PDPA generally apply to marketing messages sent to a Singapore telephone number...
eBOOK ● PDPC-SEGMENT 5-PART 1 ● KNOWLEDGE BANK
DATA PROTECTION PROVISIONS: Openness Obligation
The Data Protection Provisions contain a number of obligations in various sections which require organisations to develop and implement policies...
eBOOK ● PDPC-SEGMENT 5-PART 1 ● KNOWLEDGE BANK
DATA PROTECTION PROVISIONS: Retention Obligation
A political party and election candidate must cease to retain documents containing personal data, or anonymise it...
eBOOK ● PDPC-SEGMENT 5-PART 1 ● KNOWLEDGE BANK
DATA PROTECTION PROVISIONS: Protection Obligation
A political party or election candidate must protect all personal data in its possession or under its control by making reasonable security arrangements...
eBOOK ● PDPC-SEGMENT 5-PART 1 ● KNOWLEDGE BANK
DATA PROTECTION PROVISIONS: Accuracy Obligation
A political party or election candidate must make a reasonable effort to ensure that personal data collected by or on behalf of the political party...
eBOOK ● PDPC-SEGMENT 5-PART 1 ● KNOWLEDGE BANK
DATA PROTECTION PROVISIONS: Access and Correction Obligations
A political party or election candidate must, upon request, (a) provide an individual with his or her personal data in the possession...
eBOOK ● PDPC-SEGMENT 5-PART 1 ● KNOWLEDGE BANK
DATA PROTECTION PROVISIONS: Notification Obligation
A political party or election candidate must notify the individual of the purposes for which it intends to collect...
eBOOK ● PDPC-SEGMENT 5-PART 1 ● KNOWLEDGE BANK
DATA PROTECTION PROVISIONS: Purpose Limitation Obligation
A political party or election candidate may collect, use or disclose personal data about an individual only for purposes that a reasonable person...
eBOOK ● PDPC-SEGMENT 5-PART 1 ● KNOWLEDGE BANK
DATA PROTECTION PROVISIONS: Consent Obligation
A political party or election candidate must obtain the consent of the individual before collecting, using or disclosing his or her personal data for a purpose...
eBOOK ● PDPC-SEGMENT 5-PART 1 ● KNOWLEDGE BANK
DATA PROTECTION PROVISIONS
The Data Protection Provisions contain nine key obligations which political parties and election candidates are required to comply with...
eBOOK ● PDPC-SEGMENT 5-PART 1 ● KNOWLEDGE BANK
RIGHTS AND OBLIGATIONS ETC UNDER OTHER LAWS
Section 4(6) of the PDPA states that unless otherwise provided in the PDPA, nothing in Parts III to VI of the PDPA shall affect any authority...
eBOOK ● PDPC-SEGMENT 5-PART 1 ● KNOWLEDGE BANK
APPLICATION OF PDPA TO ELECTION ACTIVITIES: Application of the PDPA to data intermediaries
A data intermediary is defined under the PDPA as an organisation that processes personal data on behalf of another organisation...
eBOOK ● PDPC-SEGMENT 5-PART 1 ● KNOWLEDGE BANK
APPLICATION OF PDPA TO ELECTION ACTIVITIES: Application of the PDPA to political parties and election candidates
Under the PDPA, political parties and election candidates that conduct election activities involving the collection...
eBOOK ● PDPC-SEGMENT 5-PART 1 ● KNOWLEDGE BANK
APPLICATION OF PDPA TO ELECTION ACTIVITIES
Personal data is defined in the PDPA as “data, whether true or not, about an individual who can be identified...
eBOOK ● PDPC-SEGMENT 5-PART 1 ● KNOWLEDGE BANK
INTRODUCTION
The Personal Data Protection Act 2012 (No. 26 of 2012) (“PDPA”) governs the collection...
eBOOK ● PDPC-SEGMENT 5-PART 1 ● KNOWLEDGE BANK
APPEALS AND RIGHTS OF PRIVATE ACTION: Rights of private action
Section 32(1) of the PDPA provides that any person who suffers loss or damage directly as a result of a contravention of any provision in Parts IV, V or VI of the PDPA...
eBOOK ● PDPC-SEGMENT 4-PART 8 ● KNOWLEDGE BANK
APPEALS AND RIGHTS OF PRIVATE ACTION: Appeals to High Court and Court of Appeal
Section 35(1) of the PDPA provides that an appeal against, or with respect to, a decision or direction of a Data Protection Appeal Committee may be made to the High Court...
eBOOK ● PDPC-SEGMENT 4-PART 8 ● KNOWLEDGE BANK
APPEALS AND RIGHTS OF PRIVATE ACTION: Data Protection Appeal Committee’s decisions and directions
Section 34(4) of the PDPA provides that the Data Protection Appeal Committee hearing an appeal may, after hearing the appeal...
eBOOK ● PDPC-SEGMENT 4-PART 8 ● KNOWLEDGE BANK
APPEALS AND RIGHTS OF PRIVATE ACTION: Appeal against decision or direction
Section 31(4)(b) of the PDPA provides that the Commission may, after reconsidering the contested decision, affirm, revoke or vary the contested decision as the Commission thinks fit...
eBOOK ● PDPC-SEGMENT 4-PART 8 ● KNOWLEDGE BANK
RECONSIDERATION: Commission’s decisions and directions upon reconsideration
Section 31(4)(b) of the PDPA provides that the Commission may, after reconsidering the contested decision, affirm, revoke or vary the contested decision as the Commission thinks fit...
eBOOK ● PDPC-SEGMENT 4-PART 7 ● KNOWLEDGE BANK
RECONSIDERATION: Reconsideration procedure
The procedures that the Commission will adopt in a reconsideration under section 31(1) of the PDPA are mainly set out in Part III of the Enforcement Regulations...
eBOOK ● PDPC-SEGMENT 4-PART 7 ● KNOWLEDGE BANK
RECONSIDERATION: Reconsideration of a decision or direction
Section 31(1) of the PDPA provides that an organisation or individual aggrieved by a decision or direction...
eBOOK ● PDPC-SEGMENT 4-PART 7 ● KNOWLEDGE BANK
COMMON ISSUES RELATING TO THE COMMISSION’S DECISIONS AND DIRECTIONS: Enforcement of the Commission’s directions
Section 30 of the PDPA provides that the Commission may register a direction under section 28(2) or 29 of the PDPA in the District Court...
eBOOK ● PDPC-SEGMENT 4-PART 6 ● KNOWLEDGE BANK
COMMON ISSUES RELATING TO THE COMMISSION’S DECISIONS AND DIRECTIONS: Commission’s power to publish decisions and directions
Regulations 17, 18 and 19 of the Enforcement Regulations provides that the Commission may, where it has made a decision or...
eBOOK ● PDPC-SEGMENT 4-PART 6 ● KNOWLEDGE BANK
DIRECTIONS TO SECURE COMPLIANCE: How financial penalties are determined
In this section, the Commission sets out a non-exhaustive list of some aggravating and mitigating factors that the Commission may consider when it calculates a financial penalty...
eBOOK ● PDPC-SEGMENT 4-PART 5 ● KNOWLEDGE BANK
DIRECTIONS TO SECURE COMPLIANCE: Directions to pay financial penalties
In considering whether to direct an organisation to pay a financial penalty, the Commission will take into account certain factors...
eBOOK ● PDPC-SEGMENT 4-PART 5 ● KNOWLEDGE BANK
DIRECTIONS TO SECURE COMPLIANCE: Power to issue directions to secure compliance
The Commission’s power to issue directions to secure an organisation’s compliance with the Data Protection Provisions is set out in section 29 of the PDPA...
eBOOK ● PDPC-SEGMENT 4-PART 5 ● KNOWLEDGE BANK
INVESTIGATIONS: Public communications
Organisations that intend to issue any media releases or public disclosure of matters related to the alleged breach are advised to consider...
eBOOK ● PDPC-SEGMENT 4-PART 4 ● KNOWLEDGE BANK
INVESTIGATIONS: Suspension or conclusion of an investigation
Section 50(3) of the PDPA lists various situations in which the Commission may suspend or discontinue an investigation...
eBOOK ● PDPC-SEGMENT 4-PART 4 ● KNOWLEDGE BANK
INVESTIGATIONS: Power to enter premises with a warrant
Under paragraph 3 of the Ninth Schedule to the PDPA, the Commission is empowered to enter and search premises without prior notice, upon production of a warrant...
eBOOK ● PDPC-SEGMENT 4-PART 4 ● KNOWLEDGE BANK
INVESTIGATIONS: Power to enter premises without a warrant
Under paragraph 2 of the Ninth Schedule to the PDPA, the Commission is empowered to enter premises without a warrant in connection with an investigation...
eBOOK ● PDPC-SEGMENT 4-PART 4 ● KNOWLEDGE BANK
INVESTIGATIONS: Power to require production of documents and information
Under paragraph 1 of the Ninth Schedule to the PDPA, the Commission may, by notice in writing to any organisation...
eBOOK ● PDPC-SEGMENT 4-PART 4 ● KNOWLEDGE BANK
INVESTIGATIONS: Commission’s powers of investigation
The Commission’s powers of investigation are set out in the Ninth Schedule to the PDPA. In brief, these include...
eBOOK ● PDPC-SEGMENT 4-PART 4 ● KNOWLEDGE BANK
INVESTIGATIONS: Making a complaint to the Commission
A complaint concerning a contravention or possible contravention of the PDPA may be made to the Commission by providing the relevant information...
eBOOK ● PDPC-SEGMENT 4-PART 4 ● KNOWLEDGE BANK
INVESTIGATIONS: Circumstances under which the Commission may commence an investigation
Section 50 of the PDPA sets out the Commission’s powers of investigation in respect of contraventions of the PDPA...
eBOOK ● PDPC-SEGMENT 4-PART 4 ● KNOWLEDGE BANK
REVIEWS: Commencing an investigation related to a review
The Commission may, in certain situations, commence an investigation in relation to an organisation’s compliance with section 21 or 22 of the PDPA prior to or during a review...
eBOOK ● PDPC-SEGMENT 4-PART 3 ● KNOWLEDGE BANK
REVIEWS: Commission’s decisions and directions following a review
Section 28(2) of the PDPA provides that the Commission may, upon the completion of a review...
eBOOK ● PDPC-SEGMENT 4-PART 3 ● KNOWLEDGE BANK
REVIEWS: Withdrawal of review application
An applicant may withdraw his application for a review at any time before the Commission gives notice of its decision or direction...
eBOOK ● PDPC-SEGMENT 4-PART 3 ● KNOWLEDGE BANK
REVIEWS: Suspension of a review
The Commission may suspend a review at any stage of the review in the circumstances set out in regulation 9 of the Enforcement Regulations...
eBOOK ● PDPC-SEGMENT 4-PART 3 ● KNOWLEDGE BANK
REVIEWS: Commission’s powers when conducting a review application
The Commission may exercise the following powers under the Enforcement Regulations when conducting a review...
eBOOK ● PDPC-SEGMENT 4-PART 3 ● KNOWLEDGE BANK
REVIEWS: Summary dismissal of review application
The Commission may, at any time, dismiss a review application in the circumstances set out in Regulation 5 of the Enforcement Regulations...
eBOOK ● PDPC-SEGMENT 4-PART 3 ● KNOWLEDGE BANK
REVIEWS: Procedure during a review. Seeking further information or clarifications from the applicant or respondent
The Commission may, at any stage of the review, seek further information, clarifications or documents from either the applicant or the respondent...
eBOOK ● PDPC-SEGMENT 4-PART 3 ● KNOWLEDGE BANK
REVIEWS: Procedure during a review. Inviting the applicant to submit a reply to the organisation’s response to the review application
Where the respondent submits a response, the Commission may, where it considers it appropriate...
eBOOK ● PDPC-SEGMENT 4-PART 3 ● KNOWLEDGE BANK
REVIEWS: Procedure during a review. Submission of a response by the respondent
In most cases, respondents will be required to submit a response within 14 days of the date of the notice of review application...
eBOOK ● PDPC-SEGMENT 4-PART 3 ● KNOWLEDGE BANK
REVIEWS: Procedure during a review. Serving a copy of the review application to the organisation concerned
The following describes in brief the procedure for a review set out in the Enforcement Regulations...
eBOOK ● PDPC-SEGMENT 4-PART 3 ● KNOWLEDGE BANK
REVIEWS: Procedure during a review
The procedures that the Commission will adopt in a review under section 28(1) of the PDPA are mainly set out in Part II of the Enforcement Regulations...
eBOOK ● PDPC-SEGMENT 4-PART 3 ● KNOWLEDGE BANK
REVIEWS: Submitting a review application to the Commission
When submitting a review application to the Commission, the review application should include the following information...
eBOOK ● PDPC-SEGMENT 4-PART 3 ● KNOWLEDGE BANK
REVIEWS: Matters to note before applying to the Commission for a review
Before applying to the Commission for a review, individuals should note and, if necessary, clarify the following with the organisation concerned as...
eBOOK ● PDPC-SEGMENT 4-PART 3 ● KNOWLEDGE BANK
REVIEWS: Applying to the Commission for a review
An individual who has made an access request or a correction request to an organisation may apply to the Commission under section 28(1) of the PDPA...
eBOOK ● PDPC-SEGMENT 4-PART 3 ● KNOWLEDGE BANK
REVIEWS: Commission’s power to review
Section 28 of the PDPA sets out the Commission’s powers in relation to the conduct of a review...
eBOOK ● PDPC-SEGMENT 4-PART 3 ● KNOWLEDGE BANK
ALTERNATIVE DISPUTE RESOLUTION: Measures to facilitate resolution of a complaint
Where appropriate, the Commission may, take any or all of the following measures when seeking to facilitate the resolution of a complaint...
eBOOK ● PDPC-SEGMENT 4-PART 2 ● KNOWLEDGE BANK
ALTERNATIVE DISPUTE RESOLUTION: Commission’s approach to resolving complaints
Upon receiving a complaint, the Commission will first consider whether it may be more appropriately resolved by adopting some or...
eBOOK ● PDPC-SEGMENT 4-PART 2 ● KNOWLEDGE BANK
ALTERNATIVE DISPUTE RESOLUTION: Commission’s powers relating to alternative dispute resolution
Section 27 of the PDPA sets out the Commission’s powers in relation to the resolution of complaints. These include...
eBOOK ● PDPC-SEGMENT 4-PART 2 ● KNOWLEDGE BANK
INTRODUCTION AND OVERVIEW: Overview of enforcement framework and approach
The PDPA confers various powers on the Commission to enforce the Data Protection Provisions. Broadly, these powers may be categorised as follows...
eBOOK ● PDPC-SEGMENT 4-PART 1 ● KNOWLEDGE BANK
INTRODUCTION AND OVERVIEW: Introduction
The Personal Data Protection Act 2012 (the “PDPA”) establishes a general data protection law in Singapore that governs the collection...
eBOOK ● PDPC-SEGMENT 4-PART 1 ● KNOWLEDGE BANK
Application of sections 14(2)(a) and 46(1) of the PDPA to marketing purposes: Application to common scenarios
This portion of the Guidelines seeks to illustrate the principles articulated in the above paragraphs through the use of common scenarios...
eBOOK ● PDPC-SEGMENT 3-PART 3 ● KNOWLEDGE BANK
Application of sections 14(2)(a) and 46(1) of the PDPA to marketing purposes: Requiring consent for marketing purposes
If organisations wish to obtain consent for marketing purposes, they should generally provide the individuals the option whether or not to give consent...
eBOOK ● PDPC-SEGMENT 3-PART 3 ● KNOWLEDGE BANK
Application of sections 14(2)(a) and 46(1) of the PDPA to marketing purposes: Definition of “marketing purposes”
These Guidelines will focus on the application of sections 14(2)(a) and 46(1) to situations where organisations wish to require an individual’s consent for...
eBOOK ● PDPC-SEGMENT 3-PART 3 ● KNOWLEDGE BANK
Overview of the relevant PDPA provisions and general principles: Effect of sections 14(2)(a) and 46(1) of the PDPA
The effect of section 14(2)(a) (read with section 14(3)) and section 46(1) is that organisations cannot refuse to provide an individual an item because...
eBOOK ● PDPC-SEGMENT 3-PART 2 ● KNOWLEDGE BANK
Overview of the relevant PDPA provisions and general principles: Comparison of sections 14(2) and 46(1) of the PDPA
For the purposes of the discussion in the subsequent paragraphs, we shall refer to “product or service”...
eBOOK ● PDPC-SEGMENT 3-PART 2 ● KNOWLEDGE BANK
Overview of the relevant PDPA provisions and general principles: Obtaining consent under the Do Not Call Provisions
An organisation that wishes to send a “specified message” (as defined in the PDPA) to a Singapore telephone number must comply with the Do Not Call Provisions...
eBOOK ● PDPC-SEGMENT 3-PART 2 ● KNOWLEDGE BANK
Overview of the relevant PDPA provisions and general principles: Obtaining consent under the Data Protection Provisions
Section 13 of the PDPA, on the requirement to obtain consent, states that...
eBOOK ● PDPC-SEGMENT 3-PART 2 ● KNOWLEDGE BANK
Introduction
These Guidelines should be read in conjunction with the document titled “Introduction to the Guidelines” and are subject to the disclaimers set out therein...
eBOOK ● PDPC-SEGMENT 3-PART 1 ● KNOWLEDGE BANK
SELECTED TOPICS: Data Activities Relating to Minors. Should organisations take extra measures to verify the accuracy of personal data about minors?
When establishing measures to comply with the Accuracy Obligation under the Data Protection Provisions...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Data Activities Relating to Minors. Should organisations adopt a different treatment for the collection, use or disclosure of personal data about minors?
The PDPA does not contain provisions that specifically address the collection, use or disclosure of personal data about minors...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Data Activities Relating to Minors. When is a minor deemed to have given consent on his own behalf under the PDPA?
Under section 15(1) of the PDPA, an individual may be deemed to have consented to the collection...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Data Activities Relating to Minors. Can a minor’s parents or other legal guardians provide valid consent on behalf of the minor under the PDPA?
Section 14(4) of the PDPA provides that consent given or deemed to have been given by an individual for the collection...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Data Activities Relating to Minors. When can a minor give valid consent on his own behalf under the PDPA?
The PDPA does not specify the situations in which a minor (that is, an individual who is less than 21 years of age)...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Online Activities. Are organisations allowed to use cookies for behavioural targeting?
Where behavioural targeting involves the collection and use of personal data, the individual’s consent is required...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Online Activities. Must consent be obtained for the use of cookies?
Cookies are text files created on a client computer when its web browser loads a website or web application...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Online Activities. Are IP addresses personal data?
IP addresses of networked devices are automatically captured whenever a connection is made over the Internet...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Personal Data of Employees. Do the exceptions to the Consent Obligation for the collection, use and disclosure of personal data of employees also apply to individuals that may act on behalf of an organisation, but are not the organisation’s employees?
The exception relating to “managing or terminating an employment relationship” only apply when there is an employment relationship...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Personal Data of Employees. Are organisations responsible if their employees do not comply with the PDPA? Are volunteers considered employees?
Under the PDPA, an organisation is responsible for the personal data in its possession or under its control...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Personal Data of Employees. How long can organisations continue to hold personal data of former employees?
Section 25 of the PDPA requires an organisation to cease to retain its documents containing personal data...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Personal Data of Employees. What is the difference between the exception for evaluative purposes and the exception for the purpose of managing and terminating an employment relationship?
There are instances where employers have to collect the same set of personal data for both the purposes of (i) managing or terminating the employment relationship and (ii) evaluation...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Personal Data of Employees. Collecting, using and disclosing personal data for the purpose of managing or terminating an employment relationship between the organisation and the individual
Under the PDPA, the collection by organisations of personal data from their employees that is reasonable for the purpose of managing or terminating their employment relationships...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Personal Data of Employees. Collecting, using and disclosing employee personal data for evaluative purposes
Organisations may collect, use and disclose personal data without consent where this is necessary for evaluative purposes...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Personal Data of Employees. How does the PDPA apply to employment records of employees?
Most organisations maintain some form of employment records on their current employees...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Employment. How does the PDPA apply to recruitment agencies?
Recruitment companies, employment agencies, head-hunters and other similar organisations...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Employment. Can job applicants ask the organisation to reveal how much information the organisation has on them or find out why they were not selected?
Under the PDPA, individuals have the right to obtain access and request corrections to their personal data held by organisations...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Employment. How long can an organisation keep the personal data of job applicants who are not hired?
After an organisation has decided which job applicant to hire, the personal data that the organisation had collected from the other job applicants should...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Employment. Can organisations use the information in business cards for recruitment?
The Data Protection Provisions in the PDPA do not apply to “business contact information”, which is defined in the PDPA as...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Employment. Can organisations or recruitment agencies collect and use personal data on individuals from social networking sites or publicly available sources to contact them for prospective job opportunities?
The PDPA does not require organisations to obtain the consent of the individual when collecting or using personal data that is publicly available...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Employment. Can organisations collect and use personal data on the job applicant from social networking sources (e.g. Facebook or Twitter)?
The PDPA does not require organisations to obtain the consent of the individual when collecting personal data that is publicly available...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Employment. Does an organisation need to seek the consent of a job applicant for the collection and use of his personal data?
Organisations may receive personal data from job applicants who provide it voluntarily through a job application, either in response to a recruitment advertisement or otherwise...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Drones. What should organisations do if personal data was unintentionally collected by the drones?
The Commission would encourage organisations to ensure that they adhere to the pre-determined flight path of drones and adopt policies...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Drones. What should organisations do if the drones used are likely to capture personal data?
Among other obligations, the Data Protection Provisions require organisations to inform individuals of the purposes for which their personal data will be collected...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Drones. What should organisations consider when using drones?
Organisations will need to consider whether the drones they deploy are likely to capture personal data of individuals...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Drones
Increasingly, organisations are making use of drones that may be equipped with photography, video and/or audio recording capabilities...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Closed-Circuit Television Cameras (“CCTVs”). What does “video masking” or “masking” refer to?
“Video masking” of images refers to the process of concealing parts of the video from view...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Closed-Circuit Television Cameras (“CCTVs”). Where an organisation is providing a copy of the CCTV footage upon request of an individual, must the copy be a video or can it be provided in other formats?
The PDPA does not specify the format of the personal data to be provided in relation to an access request made by an individual...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Closed-Circuit Television Cameras (“CCTVs”). Can the organisation require that the individual sign a contract to agree not to disclose to any third party the CCTV footage to be provided to him?
The PDPA does not prohibit this. However, such a contract would not override any rights or obligations under the PDPA...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Closed-Circuit Television Cameras (“CCTVs”). Is there a requirement that CCTV footage or video stills be of minimum resolution when provided to individuals upon request?
The PDPA does not prescribe any minimum resolution...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Closed-Circuit Television Cameras (“CCTVs”). Is an organisation required to accede to requests to delete CCTV footage?
No. The PDPA does not require an organisation to delete personal data upon request from an individual...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Closed-Circuit Television Cameras (“CCTVs”). Can two or more individuals make an access request for the same CCTV footage containing their personal data, if they consent to their own personal data being revealed to the others making the access request?
Yes. It would be reasonable for certain groups of individuals...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Closed-Circuit Television Cameras (“CCTVs”). Can compromising an organisation’s security arrangements or competitive position be sufficient reason to deny access to CCTV footage?
The Commission’s view is that, depending on the specific facts and circumstances, compromising an organisation’s security arrangements or harming an organisation’s...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Closed-Circuit Television Cameras (“CCTVs”). Is an organisation required to provide a copy of CCTV footage pursuant to an access request for the footage?
Organisations should provide a copy of the CCTV footage and have the option of charging the individual a reasonable fee for providing the copy...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Closed-Circuit Television Cameras (“CCTVs”). Must an organisation provide access to CCTV footage if it doesn’t have the technical ability or it is too costly to mask the other individuals whose personal data are captured in the footage?
Generally, an organisation is required to provide for access requests...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Closed-Circuit Television Cameras (“CCTVs”). Is an organisation required to provide access to CCTV footage if it also reveals the personal data of other individuals?
Generally, an organisation is required to provide the individual access to personal data requested, unless the request falls within one of the prohibitions...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Closed-Circuit Television Cameras (“CCTVs”). If my organisation installs CCTVs that also capture footage beyond the boundaries of our premises, is that allowed?
The PDPA requires that an organisation consider what a reasonable person would consider appropriate under the circumstances in meeting its obligations under the PDPA...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Closed-Circuit Television Cameras (“CCTVs”). Is notification still required if CCTVs are there to covertly monitor the premises for security reasons, and notification of the CCTV’s location would defeat the purpose of using the CCTVs?
The Commission does not require the placement or content of notifications to reveal the exact location of the CCTVs...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Closed-Circuit Television Cameras (“CCTVs”). What should such notices state?
The PDPA does not prescribe the content of notifications...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Closed-Circuit Television Cameras (“CCTVs”). Where should notices be placed?
Notices or other forms of notifications should generally be placed so as to enable individuals to have sufficient awareness that CCTVs have been deployed for a particular purpose...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Closed-Circuit Television Cameras (“CCTVs”). Do organisations always have to provide notifications when CCTVs are deployed?
The PDPA requires organisations to inform individuals of the purposes for which their personal data will be collected, used or disclosed in order to obtain their consent...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Closed-Circuit Television Cameras (“CCTVs”)
CCTVs are commonly used to capture video recordings, and some of them may also be equipped with audio recording capabilities...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Photography and Videography. Does the PDPA affect the copyright in a photograph or video recording?
The Data Protection Provisions do not affect any right conferred or obligation imposed by or under other laws, including the Copyright Act...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Photography and Videography. Can individuals withdraw consent for the publication of photographs or video recordings, or request under the PDPA for the removal of photographs or video recordings that have been published?
The PDPA provides that individuals may at any time withdraw any consent given or deemed to have been given under the PDPA for the collection...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Photography and Videography. Is an individual who submits a photograph or video recording taken when acting in a personal or domestic capacity for a competition, still acting in a personal or domestic capacity?
An individual’s submission of a photograph or video recording for a competition is, on its own, insufficient to determine whether he is acting in a personal or domestic capacity...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Photography and Videography. Does the exception for collection of personal data “solely for artistic or literary purposes” apply to the taking of photographs or video recordings of individuals?
In accordance with paragraph 1(g) of the Second Schedule, an organisation is permitted to collect personal data about an individual...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Photography and Videography. Do professional photographers or videographers need to sign contracts with the event organiser before they can provide photography or videography services at an event?
The PDPA does not prescribe the contractual arrangements that organisations may wish to enter into in order to ensure that they comply with their obligations under the PDPA...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Photography and Videography. Is a photographer or videographer required to obtain consent from individuals in the background when a photograph or video recording is taken?
As noted above, consent will generally be required for taking a photograph or video recording of an identifiable individual although consent may be deemed to have been given...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Photography and Videography. How may an individual’s consent be obtained for photo-taking or video recording at a private event/space?
The Data Protection Provisions do not prescribe the ways in which consent may be obtained for photo-taking or video recording...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Photography and Videography. Does a photographer or videographer need to obtain an individual’s consent to take a photograph or video recording of the individual in a public place?
The PDPA sets out various exceptions to the Consent Obligation...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Photography and Videography. Does a photographer or videographer need to obtain an individual’s consent to take a photograph or video recording of the individual?
Among other obligations, the Data Protection Provisions require consent from the individual to be obtained for the purposes of the collection, use or disclosure of his personal data...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Photography, Video and Audio Recordings
Photography, video and audio recordings are increasingly ubiquitous with such capabilities being included in more devices...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Anonymisation. Managing the risks of re-identification when using or disclosing anonymised data
Before using or disclosing anonymised data, the organisation should apply the appropriate anonymisation techniques to ensure robust anonymisation of the data...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Anonymisation. General test for assessing risks of re-identification
As a general test for assessing the risks of re-identification and the robustness of the anonymisation, a useful starting point is the ‘motivated intruder’ test highlighted...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Anonymisation. Assessing the risks of re-identification
Re-identification can occur as a result of combining separate datasets...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Anonymisation. Considerations for anonymising data
When deciding whether to anonymise data for use or disclosure, organisations should keep in mind that not all datasets can be effectively or meaningfully anonymised...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Anonymisation. Anonymisation techniques
The following is a non-exhaustive list of commonly used anonymisation techniques, and examples of how each technique can be used...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Anonymisation. What is anonymisation?
In general, anonymisation refers to the process of removing identifying information such that the remaining data cannot be used to identify any particular individual...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
SELECTED TOPICS: Analytics and Research. How does the PDPA apply to organisations that want to conduct analytics and research activities?
The Personal Data Protection Act 2012 (the “PDPA”) establishes a general data protection law in Singapore which governs the collection...
eBOOK ● PDPC-SEGMENT 2-PART 2 ● KNOWLEDGE BANK
INTRODUCTION AND OVERVIEW: Introduction
The Personal Data Protection Act 2012 (the “PDPA”) establishes a general data protection law in Singapore which governs the collection...
eBOOK ● PDPC-SEGMENT 2-PART 1 ● KNOWLEDGE BANK
OTHER RIGHTS, OBLIGATIONS AND USES: Use of personal data collected before the appointed day
The Data Protection Provisions in the PDPA have taken effect from the appointed day. Section 19 of the PDPA provides that notwithstanding the other provisions of Part IV...
eBOOK ● PDPC-SEGMENT 1-PART 4 ● KNOWLEDGE BANK
OTHER RIGHTS, OBLIGATIONS AND USES: Rights and obligations, etc. under other laws
Section 4(6)(a) of the PDPA provides that the Data Protection Provisions will not affect any authority, right, privilege or immunity conferred...
eBOOK ● PDPC-SEGMENT 1-PART 4 ● KNOWLEDGE BANK
OTHER RIGHTS, OBLIGATIONS AND USES: Overview
Although not expressly provided for in the PDPA, organisations may wish to consider conducting Data Protection Impact Assessments...
eBOOK ● PDPC-SEGMENT 1-PART 4 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Accountability Obligation. Other measures relating to accountability
Although not expressly provided for in the PDPA, organisations may wish to consider conducting Data Protection Impact Assessments...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Accountability Obligation. Other provisions related to the Accountability Obligation
The Data Protection Provisions also provide for specific circumstances where organisations have to be answerable to individuals and the PDPC...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Accountability Obligation. Developing and implementing data protection policies and practices
Section 12 of the PDPA sets out four additional key requirements which form part of the Accountability Obligation...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Accountability Obligation. Appointing a Data Protection Officer
Section 11(3) of the PDPA requires an organisation to designate one or more individuals to be responsible for ensuring that the organisation...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Accountability Obligation
In data protection, the concept of accountability refers to how an organisation discharges its responsibility for personal data which it has collected or obtained for processing...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Transfer Limitation Obligation. Data in transit
Data in transit refers to personal data transferred through Singapore in the course of onward transportation to a country or territory outside Singapore...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Transfer Limitation Obligation. Scope of contractual clauses
In setting out contractual clauses that require the recipient to comply with a standard of protection in relation to the personal data transferred to him...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Transfer Limitation Obligation. Conditions for transfer of personal data overseas
Regulations issued under the PDPA will specify the conditions under which an organisation may transfer personal data overseas...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Transfer Limitation Obligation
Section 26 of the PDPA limits the ability of an organisation to transfer personal data outside Singapore...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Retention Limitation Obligation. Anonymising personal data
An organisation will be considered to have ceased to retain personal data when it no longer has the means to associate the personal data with particular individuals...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Retention Limitation Obligation. Factors relevant to whether an organisation has ceased to retain personal data
In considering whether an organisation has ceased to retain personal data the Commission will consider the following factors in relation to the personal data in question...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Retention Limitation Obligation. Ceasing to retain personal data
Where there is no longer a need for an organisation to retain personal data, it must take prompt action to ensure it does not hold such personal data...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Retention Limitation Obligation. How long personal data can be retained
The Retention Limitation Obligation prevents organisations from retaining personal data in perpetuity where it does not have legal or business reasons to do so...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Retention Limitation Obligation
Section 25 of the PDPA requires an organisation to cease to retain its documents containing personal data, or remove the means by which the personal data...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Protection Obligation. Examples of security arrangements
Security arrangements may take various forms such as administrative measures, physical measures, technical measures or a combination of these...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Protection Obligation
Section 24 of the PDPA requires an organisation to make reasonable security arrangements to protect personal data in its possession or under its control...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Accuracy Obligation. Ensuring accuracy when collecting personal data from a third party source
An organisation should also be more careful when collecting personal data about an individual from a source other than the individual in question...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Accuracy Obligation. Ensuring accuracy when personal data is provided directly by the individual
Organisations may presume that personal data provided directly by the individual concerned is accurate in most circumstances...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Accuracy Obligation. Requirement of reasonable effort
The Accuracy Obligation requires organisations to make a reasonable effort to ensure the accuracy and completeness of personal data...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Accuracy Obligation
Section 23 of the PDPA requires an organisation to make a reasonable effort to ensure that personal data collected by or on behalf of the organisation is accurate and complete...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligations. Form of access and correction requests
While organisations may provide standard forms or procedures for individuals to submit access and/or correction requests...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligation. Response time for a correction request
Subject to exceptions as described above, an organisation is required to correct the personal data as soon as practicable from the time the correction request is made...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligations. Exceptions to the obligation to correct personal data
Section 22(6) provides that an organisation is not required to correct or otherwise alter an opinion, including a professional or an expert opinion...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligations. Obligation to correct personal data
Section 22(1) of the PDPA provides that an individual may submit a request for an organisation to correct an error or omission in the individual’s personal data..
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligations. Preservation of personal data after rejecting an access request
If an organisation determines that it is appropriate under section 21 of the PDPA and Part II of the Personal Data Protection Regulations...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligations. Preservation of personal data when processing an access request
If an organisation has scheduled periodic disposal or deletion of personal data...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligations. Rejecting an access request
Subject to the PDPA and the Personal Data Protection Regulations, an organisation is to provide a reply to the individual even if the organisation is not providing access to...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligations. Access request relating to legal proceedings
In the event an individual who is engaged in legal proceedings with an organisation makes an access request to obtain relevant personal data or other information...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligations. Access request relating to disclosure to prescribed law enforcement agency
Section 21(4) of the PDPA contains an additional obligation of organisations in relation to the Access and Correction Obligations...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligations. Access that may reveal personal data about another individual
One of the prohibitions, section 21(3)(c), requires that an organisation must not provide access to the personal data or other information...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligations. Providing personal data of an individual without the personal data of other individuals
Section 21(5) of the PDPA provides that if an organisation is able to provide the individual with his personal data and other information requested under 21(1) without...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligations. Exceptions to the obligation to provide access to personal data
The obligation in section 21(1) is subject to a number of exceptions in sections 21(2) to 21(4) including some mandatory exceptions relating...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligations. Fees chargeable for access to personal data
Organisations may charge an individual a reasonable fee for access to personal data about the individual...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligations. Response time frame for an access request
Subject to the PDPA and the Personal Data Protection Regulations, an organisation is required to comply with section 21(1) of the PDPA...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligations. Information relating to ways which personal data has been used or disclosed
As stated in section 21(1) of the PDPA, if an individual requests for information relating to the use or disclosure of his personal data by the organisation...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligations. Obligation to provide access to personal data
Section 21(1) of the PDPA provides that, upon request by an individual, an organisation shall provide the individual with the following as soon as reasonably possible...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Access and Correction Obligations
Sections 21 and 22 of the PDPA set out the rights of individuals to request for access to their personal data and for correction of their personal data that is in the possession or...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Notification Obligation. Use and disclosure of personal data for a different purpose from which it was collected
The Data Protection Provisions recognise that there will be circumstances in which an organisation would like to use or disclose an individual’s personal data...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Notification Obligation. Good practice considerations relating to the Notification Obligation
Informing the individual of the purposes for which his personal data will be collected, used or disclosed is an important aspect of obtaining consent for the purposes...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Notification Obligation. Information to be included when stating purposes
An organisation should state its purposes at an appropriate level of detail for the individual to determine the reasons and manner in which the organisation will be collecting...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Notification Obligation. Providing notification through a Data Protection Policy
The PDPA requires organisations to develop and implement policies and procedures that are necessary for the organisation to meet its obligations under the PDPA...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Notification Obligation. The manner and form in which an organisation should inform the individual of its purposes
The PDPA does not specify a specific manner or form in which an organisation is to inform an individual of the purposes for which it is collecting...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Notification Obligation. When an organisation must inform the individual of its purposes
Under section 20 (1) and (4) of the PDPA, an organisation must inform the individual of the purposes for which his personal data will be collected...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Notification Obligation
As noted in the previous sections on the Consent Obligation and the Purpose Limitation Obligation, organisations must inform individuals...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Purpose Limitation Obligation
Section 18 of the PDPA limits the purposes for which and the extent to which an organisation may collect, use or disclose personal data...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Consent Obligation. Publicly available data
One significant exception in the Second, Third and Fourth Schedules to the PDPA relates to personal data that is publicly available...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Consent Obligation. Exceptions to the Consent Obligation
Section 17 of the PDPA permits the collection, use and disclosure of personal data without consent (and, in the case of collection, from a source other than the individual)...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Consent Obligation. Actions organisations must take upon receiving a notice of withdrawal
Once an organisation has received from an individual a notice to withdraw consent, the organisation should inform the individual...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Consent Obligation. Effect of a withdrawal notice
In determining the effect of any notice to withdraw consent, the Commission will consider all relevant facts of the situation...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Consent Obligation. Organisations must allow and facilitate the withdrawal of consent
In general, organisations must allow an individual who has previously given (or is deemed to have given) his consent to the organisation for collection...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Consent Obligation. Withdrawal of consent
Section 16 of the PDPA provides that individuals may at any time withdraw any consent given or deemed to have been given under the PDPA...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Consent Obligation. Obtaining personal data from third party sources without the consent of the individual
An organisation (“A”) may collect personal data from a third party source (“B”) (as described in the previous section) without the consent of the individual...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Consent Obligation. Exercising appropriate due diligence when obtaining personal data from third party sources
Organisations obtaining personal data from third party sources should exercise the appropriate due diligence to check and ensure that the third party source can validly give consent for...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Consent Obligation. Obtaining personal data from third party sources with the consent of the individual
As noted above, there are two situations in which organisations may obtain personal data about an individual with the consent of...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Consent Obligation. Deemed consent
Section 15 of the PDPA addresses two situations in which an individual may be deemed to consent even if he has not actually given consent...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Consent Obligation. When consent is not validly given
Section 14(2) of the PDPA sets out additional obligations that organisations must comply with when obtaining consent...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Consent Obligation. Obtaining consent from a person validly acting on behalf of an individual
Section 14(4) of the PDPA provides that consent may be given, or deemed to have been given, by any person validly acting on behalf of the individual for the collection...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Consent Obligation. Failure to opt out
The Commission notes that there are various means of obtaining an individual’s consent to the collection, use and disclosure of his personal data for a specified purpose...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Consent Obligation. Obtaining consent verbally
In situations where the organisation cannot conveniently obtain consent from an individual in writing, it may choose to obtain verbal consent...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Consent Obligation. Obtaining consent from an individual
Section 14(1) of the PDPA states how an individual gives consent under the PDPA...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: The Consent Obligation
Section 13 of the PDPA prohibits organisations from collecting, using or disclosing an individual’s personal data unless the individual gives...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: Applicability to Inbound Data Transfers
The Data Protection Provisions apply to organisations carrying out activities involving personal data in Singapore...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
THE DATA PROTECTION PROVISIONS: Overview of the Data Protection Provisions
Organisations are required to comply with the Data Protection Provisions in Parts III to VI of the PDPA...
eBOOK ● PDPC-SEGMENT 1-PART 3 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Reasonableness
A number of provisions in the PDPA make reference to the concept of reasonableness...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Purposes
The PDPA does not define the term “purpose”. As will be seen later, a number of Data Protection Provisions refer to the purposes for which an organisation collects...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Collection, Use and Disclosure
Part IV of the PDPA sets out the obligations of organisations relating to the collection, use and disclosure of personal data...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Organisations. “Agents” who may be data intermediaries
Generally, the legal relationship of agency refers to a relationship that exists between two persons, an agent and a principal...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Organisations. Determination of who the data intermediary is
There is a diverse range of scenarios in which organisations may be considered data intermediaries for another organisation...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Organisations. Considerations for organisations using data intermediaries
Section 4(3) provides that an organisation has the same obligations under the PDPA in respect of personal data processed on its behalf by a data intermediary...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Organisations. Obligations of data intermediaries
The PDPA provides that a data intermediary that processes personal data on behalf of and for the purposes of another organisation pursuant to a contract...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Organisations. Data intermediaries
The PDPA defines a data intermediary as “an organisation that processes personal data on behalf of another organisation but does not include an employee of that other organisation”...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Organisations. Public agencies and organisations acting on behalf of public agencies
The PDPA defines a public agency to include the following...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Organisations. Individuals acting as employees
The second significant exclusion for individuals in the PDPA relates to employees who are acting in the course of their employment with an organisation...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Organisations. Individuals acting in a personal or domestic capacity
Although individuals are included in the definition of an organisation, they benefit from two significant exclusions in the PDPA...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Organisations. Excluded organisations
The PDPA provides that the Data Protection Provisions do not impose any obligations on the following entities...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Organisations
The PDPA defines an organisation as “any individual, company, association or body of persons, corporate or unincorporated whether or not formed or recognised under the law of Singapore...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Personal data. Ownership of personal data
Personal data, as used in the PDPA, refers to the information comprised in the personal data and not the physical form or medium in which it is stored, such as a database or a book...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Personal data. Personal data of deceased individuals
As noted earlier, the term “individual” includes both living and deceased individuals. Hence, the provisions of the PDPA will apply to protect the personal data of deceased individuals...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Personal data. Business contact information
The Data Protection Provisions do not apply to business contact information. Business contact information is defined in the PDPA as “an individual’s name...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Personal data. Excluded personal data
The PDPA does not apply to, or applies to a limited extent to, certain categories of personal data...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Personal data. Personal data relating to more than one individual
Information about one individual may contain information about another individual...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Personal data. True and false personal data
It should be noted that the PDPA’s definition of personal data does not depend on whether the data is true or false. If organisations collect personal data which is false...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Personal data. Individual who can be identified
Data constitutes personal data if it is data about an individual who can be identified from that data on its own...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Personal data. Data about an individual
The most basic requirement for data to constitute personal data is that it is data about an individual...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Personal data
Personal data is defined in the PDPA as “data, whether true or not, about an individual who can be identified...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Individuals
The PDPA defines an individual as “a natural person, whether living or deceased”...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
IMPORTANT TERMS USED IN THE PDPA: Definitions and related matters
Before considering the various Data Protection Provisions, it is important to take note of some terms which are used throughout the Data Protection Provisions...
eBOOK ● PDPC-SEGMENT 1-PART 2 ● KNOWLEDGE BANK
INTRODUCTION AND OVERVIEW: Overview of the PDPA
The PDPA governs the collection, use and disclosure of individuals’ personal data by organisations in a manner that recognises both the right of individuals...
eBOOK ● PDPC-SEGMENT 1-PART 1 ● KNOWLEDGE BANK
INTRODUCTION AND OVERVIEW: Introduction
The Personal Data Protection Act 2012 (the “PDPA”) establishes a general data protection law in Singapore which governs the collection, use and disclosure of individuals’ personal data...
