Court.
334 Further appeal to the Court of Appeal may be made, in the same manner as
for High Court decisions made “in the exercise of its original civil jurisdiction”.
335
Private Actions There is a right of private civil action by any person who suffers
loss or damage “directly as a result of” a PDPA breach by an organisation.
336 A
claimant may obtain damages, injunction or declaration, or such other relief as the
court sees fit.
337 However, if the Commission has made a decision in respect of such
breach, no private action may be brought until all appeals regarding such breach are
exhausted.
338
Criminal Procedure Code It is an offence to breach the new computer-related
powers of investigation under the aforementioned amendments to the Criminal
Procedure Code (by obstructing an investigation or failure to comply with an
order).
339 The offender may receive a fine not exceeding $5000 SGD and/or
imprisonment for a term not exceeding 6 months.
340 Where the offender is a body
corporate, it may receive a fine not exceeding $10,000 SGD.
341
CMA Under the CMA, obtaining, retaining, supplying, transmitting or making
available “personal information” obtained in violation of certain CMA offences
342
may result, for first time offenders, in a fine not exceeding $10,000 SGD and/or
imprisonment for a term not exceeding 3 years; and on subsequent convictions, to a
fine not exceeding $20,000 SGD and/or imprisonment for a term not exceeding
5 years.
343
“Enhanced punishment”
344 is also available for certain CMA offences
345 involving “protected computers”, i.e. where the offender knew (or ought reasonably to
have known) that the computer or program or data in question was used in directly
connection with or was necessary for “the security, defence or international relations
of Singapore”; “the existence or identity of a confidential source of information
relating to the enforcement of a criminal law”; “the provision of services directly
related to communications infrastructure, banking and financial services, public
utilities, public transportation or public key infrastructure”; or “the protection of
334 PDPA s 35(1).
335 PDPA s 35(4).
336 PDPA s 32(1).
337 PDPA s 32(3).
338 PDPA s 32(2).
339 CPC s 39(3).
340 CPC s 39(3).
341 CPC s 39(3).
342 CMA ss 3–6.
343 CMA s 8A.
344 CMA s 9.
345 CMA ss 3, 5–7.
342
E.-I. Ong
334 Further appeal to the Court of Appeal may be made, in the same manner as
for High Court decisions made “in the exercise of its original civil jurisdiction”.
335
Private Actions There is a right of private civil action by any person who suffers
loss or damage “directly as a result of” a PDPA breach by an organisation.
336 A
claimant may obtain damages, injunction or declaration, or such other relief as the
court sees fit.
337 However, if the Commission has made a decision in respect of such
breach, no private action may be brought until all appeals regarding such breach are
exhausted.
338
Criminal Procedure Code It is an offence to breach the new computer-related
powers of investigation under the aforementioned amendments to the Criminal
Procedure Code (by obstructing an investigation or failure to comply with an
order).
339 The offender may receive a fine not exceeding $5000 SGD and/or
imprisonment for a term not exceeding 6 months.
340 Where the offender is a body
corporate, it may receive a fine not exceeding $10,000 SGD.
341
CMA Under the CMA, obtaining, retaining, supplying, transmitting or making
available “personal information” obtained in violation of certain CMA offences
342
may result, for first time offenders, in a fine not exceeding $10,000 SGD and/or
imprisonment for a term not exceeding 3 years; and on subsequent convictions, to a
fine not exceeding $20,000 SGD and/or imprisonment for a term not exceeding
5 years.
343
“Enhanced punishment”
344 is also available for certain CMA offences
345 involving “protected computers”, i.e. where the offender knew (or ought reasonably to
have known) that the computer or program or data in question was used in directly
connection with or was necessary for “the security, defence or international relations
of Singapore”; “the existence or identity of a confidential source of information
relating to the enforcement of a criminal law”; “the provision of services directly
related to communications infrastructure, banking and financial services, public
utilities, public transportation or public key infrastructure”; or “the protection of
334 PDPA s 35(1).
335 PDPA s 35(4).
336 PDPA s 32(1).
337 PDPA s 32(3).
338 PDPA s 32(2).
339 CPC s 39(3).
340 CPC s 39(3).
341 CPC s 39(3).
342 CMA ss 3–6.
343 CMA s 8A.
344 CMA s 9.
345 CMA ss 3, 5–7.
342
E.-I. Ong