• Sending a marketing message to a Singapore telephone number listed in a
DNCR
321 ;
• In sending a marketing message, failing to include certain contact and other
information regarding the sending individual or organisation
322 ;
• Making a marketing voice call that conceals the identity of the sender
323 ;
• A telecommunications service provider’s failure to report to the Commission all
terminated Singapore telephone numbers.
324
Finally, any person guilty of an offence under the PDPA “for which no penalty is
expressly provided” shall be liable on conviction to a fine not exceeding $10,000
SGD and/or imprisonment for a term not exceeding 3 years.
325 If it is a “continuing
offence”, there shall be “a further fine” not exceeding $1000 SGD for every day or
part thereof during which the offence continues after conviction.
326
Where an offence committed by a body corporate has been committed with the
consent or connivance, or is attributable to the neglect of, an officer of such body,
both the officer and the body shall be guilty of the offence.
327 Employers are also
liable for an employee’s acts done in the course of his/her employment, whether or
not such act was done with the employer’s knowledge or approval.
328 However, it is
a defence for an employer to prove that he “took such steps as were practicable to
prevent the employee” from doing such act.
329
The courts have jurisdiction over offences under the PDPA.
330 However, the
Commission may compound certain offences thereunder.
331
Appeals An organisation or individual may apply for reconsideration of the Commission’s decision
332 or appeal such decision to the Data Protection Appeal Panel
(“DPAP”).
333 An appeal against the DPAP’s decision may be made regarding a
point of law or the amount of a financial penalty imposed to the Singapore High
321 PDPA s 43(2).
322 PDPA s 44(2).
323 PDPA s 45(2).
324 PDPA s 42(2).
325 PDPA s 56.
326 PDPA s 56.
327 PDPA ss 52(1)-(2). This also applies to partnerships and unincorporated associations. PDPA ss
52(3)-(4).
328 PDPA s 53(1).
329 PDPA s 53(2).
330 PDPA s 54.
331 PDPA s 55; Personal Data Protection (Composition of Offences) Regulations 2013 (S 759
of 2013).
332 PDPA s 31(1).
333 PDPA s 33 read with ss 34(1)-(2). If an application for reconsideration is made, an appeal on the
same matter shall be deemed to be withdrawn: PDPA s 34(2).
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341
DNCR
321 ;
• In sending a marketing message, failing to include certain contact and other
information regarding the sending individual or organisation
322 ;
• Making a marketing voice call that conceals the identity of the sender
323 ;
• A telecommunications service provider’s failure to report to the Commission all
terminated Singapore telephone numbers.
324
Finally, any person guilty of an offence under the PDPA “for which no penalty is
expressly provided” shall be liable on conviction to a fine not exceeding $10,000
SGD and/or imprisonment for a term not exceeding 3 years.
325 If it is a “continuing
offence”, there shall be “a further fine” not exceeding $1000 SGD for every day or
part thereof during which the offence continues after conviction.
326
Where an offence committed by a body corporate has been committed with the
consent or connivance, or is attributable to the neglect of, an officer of such body,
both the officer and the body shall be guilty of the offence.
327 Employers are also
liable for an employee’s acts done in the course of his/her employment, whether or
not such act was done with the employer’s knowledge or approval.
328 However, it is
a defence for an employer to prove that he “took such steps as were practicable to
prevent the employee” from doing such act.
329
The courts have jurisdiction over offences under the PDPA.
330 However, the
Commission may compound certain offences thereunder.
331
Appeals An organisation or individual may apply for reconsideration of the Commission’s decision
332 or appeal such decision to the Data Protection Appeal Panel
(“DPAP”).
333 An appeal against the DPAP’s decision may be made regarding a
point of law or the amount of a financial penalty imposed to the Singapore High
321 PDPA s 43(2).
322 PDPA s 44(2).
323 PDPA s 45(2).
324 PDPA s 42(2).
325 PDPA s 56.
326 PDPA s 56.
327 PDPA ss 52(1)-(2). This also applies to partnerships and unincorporated associations. PDPA ss
52(3)-(4).
328 PDPA s 53(1).
329 PDPA s 53(2).
330 PDPA s 54.
331 PDPA s 55; Personal Data Protection (Composition of Offences) Regulations 2013 (S 759
of 2013).
332 PDPA s 31(1).
333 PDPA s 33 read with ss 34(1)-(2). If an application for reconsideration is made, an appeal on the
same matter shall be deemed to be withdrawn: PDPA s 34(2).
Singapore Report: Data Protection in the Internet
341