Information (“EUSI”), some of which qualify as personal data, without consent”,
276
including “collection or use of [a] Residential End User’s EUSI as . . . reasonably
necessary for planning requirements in relation to network operations or network
maintenance” and “collection, use or disclosure of Residential End User’s EUSI as
. . . reasonably necessary for facilitating interconnection and interoperability . . . for
the provision of Services”.
277 Additionally, regarding the DNCR provisions in the
PDPA, a “telecommunications service provider who merely provides a service” that
enables a message to be sent shall “be presumed not to have sent the message and not
to have authorised the message to be sent”.
278
Finally, the ETA defines “electronic communication” as “any communication
that the parties make by means of electronic records”, meaning “a record generated,
communicated, received or stored by electronic means in an information system or
for transmission from one information system to another”.
279 Concerning personal
data: pursuant to the enactment of the PDPA, the ETA was specifically amended to
state that an NSP “shall not be subject to any liability” under the PDPA “in respect of
third-party material in the form of electronic records to which [it] merely provides
access”,
280 including the “temporary and automatic caching of third party material in
the form of electronic records (that contains personal data) . . . provided that such
caching is . . . for the purpose of . . . merely providing access to the third party
material”.
281
Supervisory Authority IMDA has the power to enforce both the Telecommunications Act and the ETA. Under the Telecommunications Act, IMDA shall operate and
provide telecommunication systems and services in Singapore and may impose
penalties for violations of the act.
282 It may also conduct investigations under the
act.
283
Under the ETA, IMDA shall (among other things)facilitate communications
through reliable electronic records; promote confidence in the integrity and reliability of electronic commerce; and implement the United Nations Convention on the
Use of Electronic Communications in International Contracts adopted by the General Assembly of the United Nations on 23rd November 2005.
284 IMDA may
276 PDPC Advisory Guidelines for the Telecommunication Sector para 4.3.
277 IMDA (2014) Code Of Practice For Competition In The Provision Of Telecommunication
Services 2012 para 3.2.6.2. https://www.imda.gov.sg/~/media/imda/files/regulation%20licensing
%20and%20consultations/frameworks%20and%20policies/competition%20management/telecom
%20competition%20code/02%202012tccwef2july2014.pdf?la¼en. Accessed 30 August 2019.
278 PDPA s 36(2).
279 ETA s 2(1).
280 Personal Data Protection Bill (No 24 of 2012) s 67(2); ETA s 26(1A).
281 PDPC Advisory Guidelines for the Telecommunication Sector para 4.2.
282 See, e.g., Telecommunications Act Part II. This includes suspending or cancelling telecommunications licenses.
283 Telecommunications Act Part VIII. It may also arrest certain wrongdoers thereunder.
284 ETA s 3.
336
E.-I. Ong
276
including “collection or use of [a] Residential End User’s EUSI as . . . reasonably
necessary for planning requirements in relation to network operations or network
maintenance” and “collection, use or disclosure of Residential End User’s EUSI as
. . . reasonably necessary for facilitating interconnection and interoperability . . . for
the provision of Services”.
277 Additionally, regarding the DNCR provisions in the
PDPA, a “telecommunications service provider who merely provides a service” that
enables a message to be sent shall “be presumed not to have sent the message and not
to have authorised the message to be sent”.
278
Finally, the ETA defines “electronic communication” as “any communication
that the parties make by means of electronic records”, meaning “a record generated,
communicated, received or stored by electronic means in an information system or
for transmission from one information system to another”.
279 Concerning personal
data: pursuant to the enactment of the PDPA, the ETA was specifically amended to
state that an NSP “shall not be subject to any liability” under the PDPA “in respect of
third-party material in the form of electronic records to which [it] merely provides
access”,
280 including the “temporary and automatic caching of third party material in
the form of electronic records (that contains personal data) . . . provided that such
caching is . . . for the purpose of . . . merely providing access to the third party
material”.
281
Supervisory Authority IMDA has the power to enforce both the Telecommunications Act and the ETA. Under the Telecommunications Act, IMDA shall operate and
provide telecommunication systems and services in Singapore and may impose
penalties for violations of the act.
282 It may also conduct investigations under the
act.
283
Under the ETA, IMDA shall (among other things)facilitate communications
through reliable electronic records; promote confidence in the integrity and reliability of electronic commerce; and implement the United Nations Convention on the
Use of Electronic Communications in International Contracts adopted by the General Assembly of the United Nations on 23rd November 2005.
284 IMDA may
276 PDPC Advisory Guidelines for the Telecommunication Sector para 4.3.
277 IMDA (2014) Code Of Practice For Competition In The Provision Of Telecommunication
Services 2012 para 3.2.6.2. https://www.imda.gov.sg/~/media/imda/files/regulation%20licensing
%20and%20consultations/frameworks%20and%20policies/competition%20management/telecom
%20competition%20code/02%202012tccwef2july2014.pdf?la¼en. Accessed 30 August 2019.
278 PDPA s 36(2).
279 ETA s 2(1).
280 Personal Data Protection Bill (No 24 of 2012) s 67(2); ETA s 26(1A).
281 PDPC Advisory Guidelines for the Telecommunication Sector para 4.2.
282 See, e.g., Telecommunications Act Part II. This includes suspending or cancelling telecommunications licenses.
283 Telecommunications Act Part VIII. It may also arrest certain wrongdoers thereunder.
284 ETA s 3.
336
E.-I. Ong