He has lent his expertise to clients in a wide range of data protection matters. While there is no standalone right to be informed under the PDPA, organisations are subject to several data protection obligations under the PDPA which require them to provide notification to the individual data subject under certain circumstances. All rights, Additionally, the PDPC has stated that recognition of the importance of data protection and the central role performed by a DPO has to come from the very top of an organisation and ought to be part of enterprise risk management frameworks. accept any responsibility over the contents or use of these Websites. Prior to the enactment of the PDPA, Singapore did not have an overarching law governing the protection of personal data. information about the ways in which that personal data has been or may have been used or disclosed by the organisation within a year before the date of the request. On a case to case basis, PBAPP may refund, adjust, reverse and/or transfer at its sole discretion upon application made by the user at PBAPP Customer Care Centres. €6,258,500), or SGD 1 million (approx. The penalty is a fine not exceeding SGD 5,000 (approx. The PDPA imposes the following data protection obligations on organisations in respect of their data activities: In addition, the Amendment Act will also further introduce one more data protection obligation (which has yet to come into effect): There is no obligation imposed on an organisation to notify or register with the PDPC before collecting, using, or disclosing any personal data in Singapore. The initiative, which was launched in 1963, returns this year after the all-virtual SYEP Summer Bridge 2020 was created to adapt to the realities of the COVID-19 pandemic last summer. Therefore, to avoid both parties having to answer to the data protection obligations to the full extent, the contract should state clearly the relationship and the rights and obligations of both parties. The term 'organisation' broadly covers natural persons, corporate bodies (such as companies) and unincorporated bodies of persons (such as associations), regardless of whether they are formed or recognised under the law of Singapore, or are resident or have an office or place of business in Singapore. €62,571) (in any other case). Under the new section 48F, an individual commits an offence if he takes any action to re-identify or cause re-identification of a person to whom anonymised information in the possession or under the control of an organisation or a public agency relates, where the re-identification is not authorised by the organisation or public agency, and the individual either knows that the re-identification is not authorised or is reckless as to whether the re-identification is or is not authorised. While the organisation may not prohibit an individual from withdrawing his/her consent, such withdrawal will not affect any legal consequences arising from such withdrawal (e.g., cessation of services provided by the organisation). The quantum of the fine and the length of imprisonment (if any) vary, depending on which provisions are breached. PIPEDA was most recently amended in November 2018 to include mandatory data breach notification and record-keeping laws. Bhd [199901001061 (475961-X)], National Registration Identity Card and passport numbers); personal data of a financial nature (e.g. You may, at any time, in writing (subject to certain fees), apply for an access, make amendment, or limit the processing on your Personal Data or lodge any complaint to the Data Protection Compliance Officer to the address and e-mail as follows :- 'Processing' is defined as the carrying out of any operations or set of operations in relation to the personal data, and includes any of the following: If an organisation is not a data intermediary, it is subject to the full set of data protection obligations under the PDPA. It is part of the converged telecommunications and media regulator, the Infocomm Media Development Authority ('IMDA'), which is in turn a statutory board under the purview of the Ministry of Communications and Information. At present, individuals do not have a right to data portability under the PDPA. In addition to the Sixth Schedule to the PDPA, more specific rules concerning the Correction Obligation may be found in Part 2 of the Personal Data Protection Regulations. Additionally, in the Breach Notification Regulations, the PDPC prescribes a list of data that, if subject to a data breach, would be deemed to result in significant harm to individuals. Furthermore, unless an exception applies, organisations must, on or after notifying the PDPC, notify the individuals affected by a notifiable data breach, if the data breach results in, or is likely to result in, significant harm to an affected individual. Thailand - In February 2019, the National Legislative Assembly of Thailand approved and endorsed the Thailand Personal Data Protection Act (PDPA). Except where expressly provided otherwise by PBA, all comments, feedback, These terms and conditions are meant to regulate The organisation is also required to make available the business contact information of a person who is able to respond to questions relating to the collection, use, or disclosure of personal data on behalf of the organisation under the Notification Obligation. A data breach that relates to the unauthorised access, collection, use, disclosure, copying, or modification of personal data only within an organisation is deemed not to be a notifiable data breach (Section 26B(4) of the PDPA). PBA and PBAPP are trademark, and other PBA and/or PBAPP product names, Thereafter, any individual or organisation aggrieved by the PDPC's reconsideration decision may lodge an appeal to the Data Protection Appeal Panel. the unauthorised access, collection, use, disclosure, copying, modification, or disposal of personal data; or. Individuals can generally withdraw consent at any time by giving reasonable notice. 'as soon as possible of any adverse development arising from [their] outsourcing arrangements that could impact the institution' as well as any 'such adverse development encountered within the institution's group'. An organisation is able to collect, use, and disclose personal data where it is in the interests of the individual in question. the notification of a data breach, by notifying the organisation or the public agency that it is processing personal data on behalf of, of the occurrence of the data breach without undue delay, where the data intermediary in question has reason to believe that a data breach affecting personal data has occurred. On 19 February 2019, the State Court of Singapore dismissed a claim brought against the Singapore Swimming Club for defamation and breach of the PDPA. a Data Protection Impact Assessment ('DPIA') in accordance with the prescribed requirements. your access to this website and they are to be read together with In particular, the PDPC will be empowered to impose a financial penalty on organisations in breach of the data protection provisions in the PDPA, of up to a maximum of 10% of the organisation's annual turnover in Singapore (if its annual turnover in Singapore exceeds SGD 10 million (approx. Consent for the collection, use, or disclosure of personal data is deemed to be given only after the opt-out period has lapsed. 11/05/2021: Nationwide Movement Control Order 3.0 From 12 May – 7 June 2021: 03/05/2021 : MIA To Limit Counter Services Temporarily Due To Office Sanitising Work: 08/04/2021: Enhancing Members' Wellbeing in 2021: 18/03/2021: ROAD TO RECOVERY, Government Introduces New Economic Recovery Programme Worth RM20 Billion: 19/01/2021: MIA Launches First Interactive High … Chong Kin heads the firm's TMT and Data Protection & Cybersecurity practices, which is consistently ranked as the leading data protection, IT, telecoms, broadcasting and multimedia legal practices in Singapore. © 2020 OneTrust Technology Limited. specify the rights and obligations provided by the BCRs. PBAPP is registered with Jabatan Perlindungan Data Peribadi Malaysia as a data user. User shall ensure that the payment is made correctly. For […] subject to the following: (1) the Documents may be used solely for 10000 Pulau Pinang. the loss of any storage medium or device on which personal data is stored in circumstances where the unauthorised access, collection, use, disclosure, copying, modification, or disposal of the personal data is likely to occur. The organisation has a duty to respond to applicants' requests to access their personal data as accurately and completely as necessary and reasonably possible, subject to the exceptions in the Fifth Schedule of the PDPA. 2021-04-26 Mikaela A. For instance, a person found guilty of making requests to obtain access to or correct the personal data of another without authority may be liable on conviction to a fine not exceeding SGD 5,000 (approx. Trending. An organisation may not make a requested correction if it is satisfied on reasonable grounds that a correction should not be made. For example, the enhanced financial penalty regime which enables the PDPC to impose financial penalties of up to 10% of an organisation's annual turnover in Singapore (if the organisation's annual turnover in Singapore exceeds SGD 10 million (approx. Most prominently, a mandatory data breach notification regime was introduced, which requires organisations which suffer a data breach to notify the PDPC and affected individuals of that data breach unless an exception applies. However, it also states that where an organisation has reason to believe or it can be shown that a minor does not have sufficient understanding of the nature and consequences of giving consent, the organisation should obtain consent from an individual who is legally able to provide consent on the minor's behalf, such as the minor's parent or guardian. it is receiving the personal data as a data intermediary and it holds either a valid APEC PRP or CBPR certification, or both. be free to use such comments, feedback, information or materials See the definition of 'sensitive data' under section 4. Deemed consent by contractual necessity extends to disclosure by organisation B to another downstream organisation C where the disclosure by organisation B (and collection by organisation C) is reasonably necessary to fulfil the contract between the individual and A. According to the Key Concept Guidelines, it is expected that organisations engaging data intermediaries would generally have imposed obligations that ensure protection in the relevant areas in the service agreement between the organisation and the data intermediary. The PDPC may also issue directions to that organisation to appoint a DPO. €625,735) in any other case. WEB SITE MAY BE OUT OF DATE OR INCLUDE OMMISSIONS, INACCURACIES OR context requires. Instead, it uses the more general term of 'organisation' to refer to the entities that are required to comply with the obligations prescribed under the PDPA. First, under the Notification Obligation, organisation must notify the individual of the purpose(s) for which it intends to collect, use, or disclose his personal data on or before such collection, use, or disclosure. (See Re Singapore Health Services Pte Ltd and another [2019] SGPDPC 3). The Banking (Amendment) Bill 2019. May 12, 2021 10:55 am +08-A + A. WASHINGTON (May 11): Democrats in the U.S. Senate on Tuesday pushed forward sweeping legislation on political campaigns and elections they argued would expand access to voting, even as Republican-controlled states rushed to impose new restrictions. property. (See Re M Stars Movers & Logistics Specialist Pte Ltd [2017] SGPDPC 15). The Personal Data Protection (Amendment) Act 2020 (No. to PBA, you agree to a no-charge assignment to PBA of all worldwide PBA You may download, view, copy and print documents and graphics incorporated €3,128) or to imprisonment for a term not exceeding two years, or both. if the request is otherwise frivolous or vexatious. where the individual consents to, or is deemed to have consented to, the transfer of the personal data to the recipient in that country; where the transfer of the personal data to the recipient is necessary for the performance of a contract between the individual and the transferring organisation, or to do anything at the individual's request with a view to the individual entering into a contract with the transferring organisation; where the transfer of personal data to the recipient is necessary for the conclusion or performance of a contract between the transferring organisation and a third party which is entered into at the individual's request, or which a reasonable person would consider to be in the individual's interest; where the transfer is necessary for a use or disclosure in certain situations where the consent of the individual is not required under the PDPA, subject to the transferring organisation taking reasonable steps to ensure that the personal data will not be used or disclosed by the recipient for any other purpose; and. identification purposes only and may be trademarks of their respective 500 or more individuals). BETWEEN YOU AND PBA, ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES The PDPA Amendments amend the Personal Data Protection Act 2012 (No. OR QUALIFICATIONS. The Court found that there had been a breach of certain Data Protection Provisions and that the third plaintiff had suffered loss and damage through the defendant's misuse of his personal information. There are certain exceptions whereby organisations are allowed to withhold access to an individual's personal data. (See Re M Stars Movers & Logistics Specialist Pte Ltd). These provisions relate to the scope and interpretation of the PDPA; the establishment of the PDPC, the authority that administers and enforces the PDPA; the establishment of the Data Protection Advisory Committee; the establishment of the Do-Not-Call ('DNC') Registers by the PDPC, and other general provisions of the PDPA. any information from this Website in whole or in part without the rights to the comments, feedback, information or materials. is, or is likely to be, of a significant scale (i.e. to its terms prior to installing or using the software. The PDPA generally applies to all private organisations in respect of the personal data of individuals that they collect, use, and/or disclose. The PDPA does not prescribe a specific retention period for personal data, and the duration of time whereby an organisation can retain personal data is assessed on a standard of reasonableness, having regard to the purposes for which the personal data was collected and retained. The said data is collected during application for new water supply to your premise, change of registered account’s name, and refund of deposit. Withdrawal of consent applies prospectively and will only affect an organisation's continued or future use of the personal data concerned. The first phase of general provisions came into effect on 2 January 2013. The PDPA was passed by the Parliament of Singapore ('the Parliament') on 15 October 2012, and was implemented in three phases. Individuals have the right to request an organisation to correct any inaccurate data that is in the organisation's control, subject to the exceptions in the Sixth Schedule of the PDPA. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS with this Website shall be considered non-confidential and PBA's In addition to these enforcement decisions, the PDPC also publishes an annual Personal Data Protection Digest, which is a compendium comprising the PDPC's grounds of decisions, summaries of unpublished cases where a finding of no-breach was found, and a collection of data protection-related articles contributed by data protection practitioners. PDPA amendments take effect from February 2021. These enforcement decisions are generally accessible via the PDPC's website. If it is impracticable to do so, the organisation may allow the individual a reasonable opportunity to examine the personal data. Additionally, any person who neglects or refuses to comply with an order to appear before the PDPC, or without reasonable excuse neglects or refuses to furnish any information or produce any document specified in a written notice to produce information, will be guilty of an offence punishable by a fine not exceeding SGD 5,000 (approx. Use of Website Information herein, you may not use, download, upload, copy, print, display, If no correction is made, the organisation shall annotate the personal data in its possession or under its control with the correction that was requested but not made. Takiyuddin, who … All products and services of the PBA and its partners herein provided The Amendment Act has also introduced further offences under the PDPA. Biometric data: The term 'biometric data' is not used in the PDPA. Property In Malaysia, if your neighbour's renovation encroaches on your compound, what can you do? Pegawai Pematuhan Perlindungan Data Peribadi. an individual's account identifier and data for access into the individual's account. when such access will reveal personal data about another individual or will be contrary to the national interest; if the burden or expense of providing access would be unreasonable to the organisation or disproportionate to the individual's interest; or. Although written grounds of judgment are not available, this case is significant as it appears to be the first time where the Singapore courts were asked to consider whether there was a breach of the PDPA, even though the PDPC had not made any decision in respect of any purported contravention of the PDPA. Load More. You must read the license agreement and indicate your agreement SOFTWARE, PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING The organisation must make the business contact information of the DPO publicly available. perform, reproduce, publish, license, post, transmit or distribute 'business contact information', which is defined as 'an individual's name, position name or title, 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', unless expressly referred to in the PDPA; personal data that is contained in a record that has been in existence for at least 100 years; and. 2021-04-30 Mikaela A. The decision of the High Court may be further appealed to the Court of Appeal. Rather, similar to health data, biometric data would be considered as a type of personal data, and therefore would be covered under the PDPA. In this guide, the PDPC states that a DPIA is a tool that allows organisations to 'be better positioned to assess if their handling of personal data complies with the PDPA or data protection best practices, and implement appropriate technical or organisational measures to safeguard against data protection risks to individuals'. Certain provisions, specifically provisions relating to the increasing of the prescribed maximum financial penalty under the PDPA, will come into force no earlier than 1 February 2022. For example, organisations located overseas which collect data from individuals in Singapore via online channels or platforms will be subject to the Data Protection Provisions under the PDPA. In addition, the organisation is also obliged to provide the individual with information about the ways in which the personal data may have been used or disclosed during the past year. First, an organisation must conduct an assessment to determine that the proposed collection, use, or disclosure of personal data is not likely to have an adverse effect on the individual. At the national level, the collection, use and disclosure of personal information in the private sector is governed by Bill C-6 of the Personal Information Protection and Electronic Documents Act (PIPEDA) 2000. 'Data intermediaries' are partially excluded from the application of the Data Protection Provisions if they are processing personal data on behalf of and for the purposes of another organisation pursuant to a contract which is evidenced or made in writing, and only have obligations under the PDPA in relation to: The PDPA also applies to organisations with no physical presence in Singapore, as long as these organisations collect, use, or disclose data within Singapore. Even if an organisation engages a data intermediary to process personal data on its behalf and for its purposes, Section 4(3) of the PDPA provides that it shall have the same obligations as if the personal data were processed by the organisation itself. Consent is not required for the collection, use, and disclosure of personal data where the specific exceptions in the First Schedule and the Second Schedule to the PDPA apply, for example where the collection, use, or disclosure of personal data about an individual: An organisation is further required to state the purposes for which it is collecting, using, or disclosing the data under the Notification Obligation. The Amendment Act introduced a new Data Breach Notification Obligation under Part VIA of the PDPA, which came into effect on 1 February 2021. The onus is on the organisation to ensure that individuals are aware of the purposes for which their personal data is being collected, used, or disclosed. Your Personal Data will be stored in both hard and soft copy, where applicable in our secured filing and server facility of which our personnel and our service provider shall have an access to it. In addition to the PDPA, the following subsidiary legislation has been issued to date: The PDPA sets a baseline standard for personal data protection across the private sector, and will operate alongside (and not override) other existing laws and regulations. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR This applies regardless of whether such data is in electronic or another form, and regardless of the degree of sensitivity. We are committed in protecting those Personal Data. Upon receiving the data porting request, the porting organisation must (unless an exception applies) transmit the applicable data specified in the data porting request to the receiving organisation in accordance with any prescribed requirements, such as requirements relating to technical, user experience and consumer protection matters. require every recipient of the transferred personal data to provide to the personal data a standard of protection that is at least comparable to the protection under the PDPA; specify the recipients of the transferred personal data to which the BCRs apply; specify the countries and territories to which the personal data may be transferred under the BCRs; and. For example, if an organisation intends to rely the legitimate interests exception under Part 3 of the First Schedule to the PDPA, in the collection, use or disclosure of personal data about an individual without that individual's consent, the organisation must conduct an 'assessment', before collecting, using or disclosing the personal data (as the case may be), to: In relation to the above, we highlight that the PDPC has also published a Guide to Data Protection Impact Assessments. where the personal data is data in transit or publicly available in Singapore. Datuk Seri Takiyuddin Hassan-A + A. ALOR SETAR (March 14): The implementation of Undi 18 is under the purview of the Election Commission (EC) after the amendment to the Federal Constitution relating to the matter was passed by Parliament, said Minister in the Prime Minister's Department (Parliament and Law) Datuk Seri Takiyuddin Hassan. To do so, the organisation must generally ensure that the recipients of such personal data are bound by legally enforceable obligations to provide to the transferred personal data a standard of protection that is at least comparable to the protection under the PDPA. He is also recognised by international ranking publications, including Chambers, Legal 500 and Who’s Who Legal, as a top-ranked lawyer in these practice areas. €469,306) on SingHealth Services Pte Ltd and Integrated Health Information Systems Pte Ltd respectively, for breaching their data protection obligations under the PDPA. Furthermore, organisations involved in the cross-border transfer of personal data from Singapore to locations overseas are also subject to the Data Protection Provisions. 26 of 2012), Personal Data Protection (Amendment) Bill 2020, Personal Data Protection (Amendment) Act 2020, Advisory Guidelines on Enforcement of Data Protection Provisions, Personal Data Protection Regulations 2021, Personal Data Protection (Statutory Bodies) Notification 2013, Personal Data Protection (Prescribed Law Enforcement Agencies) Notification 2014, Personal Data Protection (Prescribed Law Enforcement Agency) Notification 2020, Personal Data Protection (Prescribed Healthcare Bodies) Notification 2015, Personal Data Protection (Enforcement) Regulations 2021, Personal Data Protection (Do Not Call Registry) Regulations 2013, Personal Data Protection (Composition of Offences) Regulations 2021, Personal Data Protection (Notification of Data Breaches) Regulations 2021, Personal Data Protection (Appeal) Regulations 2021, Banking Act (Chapter 19) 1971 (as revised), Advisory Guidelines on Key Concepts in the Personal Data Protection Act, Advisory Guidelines on the Personal Data Protection Act for Selected Topics, Guide to Data Protection by Design for ICT Systems, Ministry of Communications and Information, Health Products (Clinical Trials) Regulations 2016, Medicines (Clinical Trials) Regulations 2016, Guide to Basic Data Anonymisation Techniques, Asia-Pacific Economic Cooperation Cross-Border Privacy Rules, Guide to Data Protection Impact Assessments, Guide to Securing Personal Data in Electronic Medium, Guide to Managing and Notifying Data Breaches, Guide on Data Protection Clauses for Agreements Relating to the Processing of Personal Data, Ireland: High Court orders DPC to implement CJEU judgment, Ireland: HSE announces cyberattack affecting IT systems. The term “PBA” as used in these terms and conditions If You are a new Subscriber, then this Master Subscription Agreement will be effective as of December 1, 2020. Additionally, an organisation which refuses to provide access to personal data requested by an individual under the Access Obligation must preserve a complete and accurate copy of the personal data concerned for not less than the prescribed period, which is generally 30 days after the date of refusal. We collect necessary Personal Data from you in order for us to provide our services. obtain a search warrant to enter an organisation's premises and take possession of, or remove, any document. Under Part 1 of the First Schedule to the PDPA, the collection, use, or disclosure of personal data is permitted without the consent of the individual where (amongst others): An organisation is able to collect, use, and disclose personal data without consent where it is in the public interest. Federal Law No. BY ACCESSING, Reliance on deemed consent by notification is subject to the organisation assessing and determining whether certain prior conditions are met. Additionally, organisations are also subject to the Protection Obligation. €625,735). The appointed DPO may delegate the responsibility conferred by this appointment to appropriate individuals, although, as mentioned previously, the organisation remains ultimately responsible for complying with the PDPA. title and interest not expressly granted are reserved. Rather health data would be considered a type of personal data, and therefore be covered under the PDPA.