Personal Data Protection (Enforcement) Regulations 2021

No. S 62

Personal Data Protection Act 2012

(ACT 26 OF 2012)

Personal Data Protection
(Enforcement) Regulations 2021

In exercise of the powers conferred by section 65 of the Personal Data Protection Act 2012, the Personal Data Protection Commission, with the approval of the Minister for Communications and Information, makes the following Regulations:

PART 1

PRELIMINARY

Citation and commencement

1.  These Regulations are the Personal Data Protection (Enforcement) Regulations 2021 and come into operation on 1 February 2021.

Definitions

2.  In these Regulations, unless the context otherwise requires —

“applicant” —

(a) in relation to a reconsideration application to the Commission to reconsider a contestable decision, means an organisation or a person (including any individual who is a complainant) aggrieved by that decision and making the reconsideration application; or

(b) in relation to a review application, means the complainant mentioned in section 48H of the Act making the review application;

“contestable decision” means any of the following directions or decisions made by the Commission:

(a) any direction made under section 48G(2), 48I(1) or (2) or 48L(4) of the Act;

(b) any direction or decision made under section 48H(2) of the Act;

(c) the imposition of a financial penalty on an organisation or a person under section 48J(1) of the Act;

“officer” —

(a) in relation to a corporation, has the meaning given by section 52(7) of the Act;

(b) in relation to an unincorporated association (other than a partnership), has the meaning given by section 52A(7) of the Act; or

(c) in relation to a partnership, means a partner within the meaning given by section 52A(7) of the Act;

“reconsideration application” means an application made under section 48N(1) or (2) of the Act to the Commission for the Commission to reconsider a contestable decision;

“relevant matter” means —

(a) a refusal to provide access to personal data or other information requested by a complainant under section 21 of the Act;

(b) a failure to provide within a reasonable time access to personal data or other information requested by a complainant under section 21 of the Act;

(c) a refusal to correct personal data in accordance with a request by a complainant under section 22 of the Act;

(d) a failure to make within a reasonable time a correction of personal data in accordance with a request by a complainant under section 22 of the Act; or

(e) a fee required from a complainant by an organisation in relation to a request by the complainant under section 21 or 22 of the Act;

“relevant request” means a request under section 21 or 22 of the Act;

“respondent” means —

(a) in the case of a reconsideration application made by a complainant regarding a contestable decision made under section 48G(2) or 48H(2) of the Act — the organisation complained against by a complainant;

(b) in the case of a reconsideration application made by an organisation complained against by a complainant regarding a contestable decision made under section 48G(2) or 48H(2) of the Act — the complainant;

(c) in the case of a reconsideration application made by an individual aggrieved by a contestable decision made under section 48I(1) or (2) or 48J(1) of the Act — the organisation or person in respect of which the contestable decision was made;

(d) in the case of a reconsideration application made by an organisation or a person aggrieved by a contestable decision made under section 48I(1) or (2) or 48J(1) of the Act — the complainant whose complaint against the organisation or person resulted in the contestable decision; or

(e) in the case of a review application made by a complainant mentioned in section 48H of the Act — the organisation complained against by the complainant;

“review application” means an application made under section 48H of the Act to the Commission for the Commission to conduct a review;

“working day” means any day other than a Saturday, Sunday or public holiday.

PART 2

REVIEW APPLICATIONS

Non-derogation from powers of investigation

3.  Nothing in this Part affects the Commission’s power to conduct an investigation under section 50(1) of the Act.

Review application

4.—(1)  A review application must —

(a) state concisely, in the English language —

(i) the applicant’s particulars;

(ii) the particulars of the relevant request and relevant matter that are the subject of the review application;

(iii) the facts and circumstances under which the review application arises;

(iv) the directions or decisions under section 48H(2) of the Act sought; and

(v) the applicant’s reasons for seeking the directions or decisions mentioned in sub‑paragraph (iv);

(b) be signed by the applicant, or on the applicant’s behalf by the applicant’s authorised representative or legal representative;

(c) be accompanied by —

(i) a copy of the relevant request, if available;

(ii) a copy of all correspondence between the applicant and the respondent relating to the relevant request, if any; and

(iii) any statutory declaration or other document or information to support the facts or particulars contained in the applicant’s review application as the Commission may require; and

(d) be submitted to the Commission in accordance with regulation 24.

(2)  A review application under paragraph (1) may be made in the form provided under regulation 26.

(3)  The Commission may, by written notice, further require an applicant to provide, within the period specified in the notice, a statutory declaration or any other document or information to support the facts or particulars contained in the applicant’s review application.

Summary dismissal of review application

5.  The Commission may, at any time, dismiss a review application if —

(a) the Commission considers that the review application does not disclose a prima facie case for a review to be conducted under section 48H(1) of the Act;

(b) the Commission has referred the matter to mediation under a dispute resolution scheme under section 48G(1) of the Act;

(c) the applicant has not complied with a direction under section 48G(2) of the Act;

(d) the applicant and respondent have mutually agreed to settle the matter;

(e) the applicant has commenced legal proceedings against the respondent in respect of a contravention or an alleged contravention of section 21 or 22 of the Act, which is also the subject of the review application;

(f) the review application is not made in accordance with regulation 4(1) or is materially incomplete;

(g) the applicant has, without reasonable excuse, failed to comply with the time specified in a written notice under regulation 4(3) for the submission of any document or information required under the notice; or

(h) the Commission is of the opinion —

(i) that the review application is frivolous or vexatious or is not made in good faith; or

(ii) that any other circumstances warrant the summary dismissal of the review application.

Notice of review application and response from respondent

6.—(1)  Where the Commission is satisfied that a review application discloses a prima facie case for a review to be conducted under section 48H(1) of the Act, the Commission must serve on the respondent —

(a) a copy of the review application and any statutory declaration and accompanying documents or information provided under regulation 4(1)(c) or (3); and

(b) a notice requiring the respondent to submit a written response within the period specified in the notice.

(2)  A respondent’s response to a review application must —

(a) state the case number assigned to the review application;

(b) be made in the English language;

(c) contain an explanation of any of the following, according to the relevant matter and relevant request in the review application:

(i) the respondent’s refusal to provide access to personal data or other information or correct personal data (as the case may be) in accordance with the relevant request;

(ii) the respondent’s failure to provide access to personal data or other information or correct personal data (as the case may be) in accordance with the relevant request within a reasonable time;

(iii) the fee required from the applicant by the respondent in relation to the relevant request;

(d) be signed —

(i) where the respondent is an individual — by the individual, or on the individual’s behalf by his or her authorised representative or legal representative; or

(ii) in any other case — by a duly authorised officer of the respondent;

(e) be accompanied by any statutory declaration or other document or information to support the facts and particulars in the respondent’s response as the Commission may require; and

(f) be submitted to the Commission in accordance with regulation 24 within the time specified in the notice mentioned in paragraph (1)(b).

(3)  The Commission may, by written notice, further require a respondent to provide, within the period specified in the notice, any statutory declaration or other document or information to support the facts or particulars in the respondent’s response.

(4)  The Commission may, on written application by the respondent, extend the time to submit the respondent’s response specified in the notice mentioned in paragraph (1)(b).

(5)  If the respondent does not submit a response to the review application within the time specified in the notice mentioned in paragraph (1)(b), or any extension of time under paragraph (4), the Commission may proceed to make the Commission’s direction or decision under section 48H(2), 48I(1) or (2) or 48J(1) of the Act (as the case may be) in the absence of such response.

Notice of response and reply from applicant

7.—(1)  The Commission may, where the Commission considers it appropriate, serve on the applicant of a review application —

(a) a copy of the response by the respondent under regulation 6(2) to the review application and any statutory declaration and accompanying documents or information provided by the respondent under regulation 6(2)(e) or (3); and

(b) a notice inviting the applicant to submit to the Commission, within the period specified in the notice, a written reply to the response as the applicant may wish to offer.

(2)  An applicant’s reply must —

(a) state the case number assigned to the review application;

(b) be made in the English language;

(c) be signed by the applicant, or on the applicant’s behalf by his or her authorised representative or legal representative;

(d) be accompanied by any statutory declaration or other document or information as the Commission may require; and

(e) be submitted to the Commission in accordance with regulation 24 within the time specified in the notice mentioned in paragraph (1)(b).

(3)  The Commission may, by written notice, require an applicant to provide, within the period specified in the notice, any statutory declaration or other document or information to support the facts or particulars contained in the applicant’s reply.

(4)  The Commission may, on written application by the applicant, extend the time to submit the applicant’s reply specified in the notice mentioned in paragraph (1)(b).

(5)  If the applicant does not submit a response to the review application within the time specified in the notice mentioned in paragraph (1)(b), or any extension of time under paragraph (4), the Commission may proceed to make the Commission’s direction or decision under section 48H(2), 48I(1) or (2) or 48J(1) of the Act (as the case may be) in the absence of such reply.

Withdrawal of review application

8.  An applicant of a review application may, at any time before the Commission has given a notice under regulation 17 to either the applicant or the respondent, withdraw the review application by written notice to the Commission.

Suspension of conduct of review

9.  The Commission may, where the Commission thinks fit, suspend the conduct of a review under section 48H of the Act, for any period that the Commission considers reasonable in the circumstances, if —

(a) the Commission commences an investigation under section 50(1) of the Act into the conduct of the respondent in relation to any relevant matter that is the subject of the review application; or

(b) the Commission is of the opinion that any other circumstances warrant the suspension of the conduct of the review.

Consolidation of review applications

10.—(1)  Where 2 or more review applications —

(a) are pending in relation to the same respondent; or

(b) involve the same or similar issues or relevant matters,

the Commission may, at any time and on the request of the respondent or applicant of any of the review applications or of the Commission’s own initiative, direct that the review applications, or any particular issue or relevant matter raised in the review applications, be consolidated and reviewed together.

(2)  Before a direction under paragraph (1) is made, all applicants and respondents are entitled to make their submissions on a proposed consolidation of their respective review applications.

(3)  Where the Commission decides to consolidate 2 or more review applications together under paragraph (1), the Commission may —

(a) consider those review applications together;

(b) permit the applicants or respondents to combine any documents required to be submitted for those review applications;

(c) issue a combined direction or decision under section 48H(2) of the Act for all or any of those review applications; and

(d) make any other directions as the Commission sees fit for the proper administration of those review applications.

PART 2A

FINANCIAL PENALTIES

[S 768/2022 wef 01/10/2022]

Maximum amount of financial penalties

10A.—(1)  The maximum amount prescribed for the purposes of section 48J(3) of the Act is —

(a) in the case of a contravention on or after 1 October 2022 by an organisation whose annual turnover in Singapore exceeds $10 million — 10% of the annual turnover in Singapore of the organisation; and

(b) in any other case — $1 million.

(2)  The maximum amount prescribed for the purposes of section 48J(4) of the Act is —

(a) in the case of an individual — $200,000; and

(b) in any other case — $1 million.

(3)  The maximum amount prescribed for the purposes of section 48J(4A) of the Act is —

(a) in the case of an individual — $200,000;

(b) in the case of a contravention on or after 1 October 2022 by a person whose annual turnover in Singapore exceeds $20 million — 5% of the annual turnover of the person in Singapore; and

(c) in any other case — $1 million.

[S 768/2022 wef 01/10/2022]

PART 3

RECONSIDERATION APPLICATIONS

Reconsideration application

11.—(1)  A reconsideration application must —

(a) state concisely, in the English language —

(i) the applicant’s particulars;

(ii) the particulars of the contestable decision to be reconsidered;

(iii) the grounds for making the reconsideration application, in particular the grounds upon which the applicant contends that the contestable decision was made based on an error of fact or was wrong in law;

(iv) the arguments of fact or law supporting each of the grounds; and

(v) the decisions under section 48N(6)(b) of the Act sought from the Commission and the applicant’s reasons for seeking those decisions;

(b) be signed —

(i) where the applicant is an individual — by the individual, or on the individual’s behalf by his or her authorised representative or legal representative; or

(ii) in any other case — by a duly authorised officer of the applicant;

(c) be accompanied by —

(i) a copy of the contestable decision to be reconsidered;

(ii) any statutory declaration or other document or information to support the facts or particulars contained in the applicant’s reconsideration application as the Commission may require; and

(iii) the appropriate fee specified in the Schedule; and

(d) be submitted to the Commission —

(i) in accordance with regulation 24; and

(ii) no later than 28 days after the contestable decision to be reconsidered is served on the applicant.

(2)  A reconsideration application under paragraph (1) may be made in the form provided under regulation 26.

(3)  The Commission may, by written notice, further require an applicant to provide, within the period specified in the notice, any statutory declaration or any other document or information to support the facts or particulars contained in the applicant’s reconsideration application.

Notice of reconsideration application and response from respondent

12.—(1)  Where an applicant makes a reconsideration application in accordance with section 48N of the Act and these Regulations, the Commission must serve on the respondent —

(a) a copy of the reconsideration application and any accompanying document or information provided under regulation 11(1)(c)(i) and (ii) or (3); and

(b) a notice requiring the respondent to submit a written response within the period specified in the notice.

(2)  A respondent’s response to a reconsideration application must —

(a) state the case number assigned to the reconsideration application;

(b) be made in the English language;

(c) be signed —

(i) where the respondent is an individual — by the individual, or on the individual’s behalf by his or her authorised representative or legal representative; or

(ii) in any other case — by a duly authorised officer of the respondent;

(d) be accompanied by any statutory declaration or other document or information as the Commission may require; and

(e) be submitted to the Commission in accordance with regulation 24 within the time specified in the notice mentioned in paragraph (1)(b).

(3)  The Commission may, by written notice, further require an applicant to provide, within the period specified in the notice, any statutory declaration or any other document or information to support the facts or particulars contained in the respondent’s response.

(4)  The Commission may, on written application by the respondent, extend the time to submit the respondent’s response specified in the notice mentioned in paragraph (1)(b).

(5)  If the respondent does not submit a response to the review application within the time specified in the notice mentioned in paragraph (1)(b), or any extension of time under paragraph (4), the Commission may proceed to make the Commission’s direction or decision under section 48N(6)(b) of the Act in the absence of such response.

Notice of response and reply from applicant

13.—(1)  The Commission may, where the Commission considers it appropriate, serve on the applicant of a reconsideration application —

(a) a copy of the response by the respondent under regulation 12(2) to the reconsideration application and any statutory declaration and accompanying documents or information provided by the respondent under regulation 12(2)(d) or (3); and

(b) a notice inviting the applicant to submit to the Commission, within the period specified in the notice, a written reply to the response as the applicant may wish to offer.

(2)  An applicant’s reply must —

(a) state the case number assigned to the reconsideration application;

(b) be made in the English language;

(c) be signed —

(i) where the applicant is an individual — by the individual, or on the individual’s behalf by his or her authorised representative or legal representative; or

(ii) in any other case — by a duly authorised officer or partner of the applicant;

(d) be accompanied by any statutory declaration or other document or information as the Commission may require; and

(e) be submitted to the Commission in accordance with regulation 24 within the time specified in the notice mentioned in paragraph (1)(b).

(3)  The Commission may, by written notice, further require an applicant to provide, within the period specified in the notice, any statutory declaration or other document or information to support the facts or particulars contained in the applicant’s reply.

(4)  The Commission may, on written application by the applicant, extend the time to submit the applicant’s reply specified in the notice mentioned in paragraph (1)(b).

(5)  If the applicant does not submit a response to the review application within the time specified in the notice mentioned in paragraph (1)(b), or any extension of time under paragraph (4), the Commission may proceed to make the Commission’s direction or decision under section 48N(6)(b) in the absence of such reply.

Withdrawal of reconsideration application

14.  An applicant of a reconsideration application may, at any time before the Commission has given a notice under regulation 19 to either the applicant or the respondent and with the permission of the Commission, withdraw the reconsideration application by written notice to the Commission.

Consolidation of reconsideration applications

15.—(1)  Where 2 or more reconsideration applications —

(a) are pending in relation to the same decision of the Commission; or

(b) involve the same or similar issues or relevant matters,

the Commission may, at any time and on the request of the respondent or applicant of any of the reconsideration applications or of the Commission’s own initiative, direct that the reconsideration applications, or any particular issue or relevant matter raised in the reconsideration applications, be consolidated and reviewed together.

(2)  Before a direction under paragraph (1) is made, all applicants and respondents are entitled to make their submissions on a proposed consolidation of their respective reconsideration applications.

(3)  Where the Commission decides to consolidate 2 or more reconsideration applications together under paragraph (1), the Commission may —

(a) consider those reconsideration applications together;

(b) permit the applicants or respondents to combine any documents required to be submitted for those reconsideration applications;

(c) issue a combined decision under section 48N(6)(b) of the Act for all or any of those reconsideration applications; and

(d) make any other directions as the Commission sees fit for the proper administration of those reconsideration applications.

 

Made on 28 January 2021.

CHAN YENG KIT

Chairman,
Info-communications Media
Development Authority,
Singapore.

[AG/LEGIS/SL/227A/2020/5 Vol. 1]