21.—(1) Subject to subsections (2), (3) and (4), on request of an individual, an organisation shall, as soon as reasonably possible, provide the individual with —
(a)
personal data about the individual that is in the possession or under the control of the organisation; and
(b)
information about the ways in which the personal data referred to in paragraph (a) has been or may have been used or disclosed by the organisation within a year before the date of the request.
(2) An organisation is not required to provide an individual with the individual’s personal data or other information under subsection (1) in respect of the matters specified in the Fifth Schedule.
(3) Subject to subsection (3A), an organisation shall not provide an individual with the individual’s personal data or other information under subsection (1) if the provision of that personal data or other information, as the case may be, could reasonably be expected to —
(a)
threaten the safety or physical or mental health of an individual other than the individual who made the request;
(b)
cause immediate or grave harm to the safety or to the physical or mental health of the individual who made the request;
(c)
reveal personal data about another individual;
(d)
reveal the identity of an individual who has provided personal data about another individual and the individual providing the personal data does not consent to the disclosure of his identity; or
(e)
be contrary to the national interest.
[Act 40 of 2020 wef 01/02/2021]
(3A) Subsection (3)(c) and (d) does not apply to any user activity data about, or any user-provided data from, the individual who made the request despite such data containing personal data about another individual.
[Act 40 of 2020 wef 01/02/2021]
(4) An organisation must not inform any individual under subsection (1)(b) that the organisation has disclosed personal data about the individual to a prescribed law enforcement agency if the disclosure was made under this Act or any other written law without the consent of the individual.
[Act 40 of 2020 wef 01/02/2021]
(5) If an organisation is able to provide the individual with the individual’s personal data and other information requested under subsection (1) without the personal data or other information excluded under subsections (2), (3) and (4), the organisation shall provide the individual with access to the personal data and other information without the personal data or other information excluded under subsections (2), (3) and (4).
(6) Where —
(a)
an individual makes a request under subsection (1) to an organisation on or after the date of commencement of section 10 of the Personal Data Protection (Amendment) Act 2020; and
(b)
the organisation, by reason of subsection (2) or (3), does not provide an individual with the individual’s personal data or other information requested under subsection (1),
the organisation must, within the prescribed time and in accordance with the prescribed requirements, notify the individual of the rejection.
[Act 40 of 2020 wef 01/02/2021]
(7) Where —
(a)
an individual makes a request under subsection (1) to an organisation on or after the date of commencement of section 10 of the Personal Data Protection (Amendment) Act 2020; and
(b)
the organisation provides the individual, in accordance with subsection (5), with the individual’s personal data or other information requested under subsection (1),
the organisation must notify the individual of the exclusion, under subsection (2) or (3), of any of the personal data or other information so requested.