PART 9C | Alternative dispute resolution |
| 48G.—(1) If the Commission is of the opinion that any complaint by an individual (called in this section the complainant) against an organisation may more appropriately be resolved by mediation, the Commission may, without the consent of the complainant and the organisation, refer the matter to mediation under a dispute resolution scheme. [40/2020] | (2) Subject to subsection (1), the Commission may, with or without the consent of the complainant and the organisation, direct the complainant or the organisation or both to attempt to resolve the complaint of the complainant in the way directed by the Commission. [40/2020] |
| (3) For the purposes of subsection (1), the Commission may establish or approve one or more dispute resolution schemes for the resolution of complaints by individuals against organisations. [40/2020] |
(4) The Commission may, with the approval of the Minister, make regulations under section 65 to provide for matters relating to the operation by an operator of a dispute resolution scheme, including —| (a) | the standards or requirements of the services provided under the dispute resolution scheme; | | (b) | the fees that the operator may charge for the services provided under the dispute resolution scheme; | | (c) | the records that the operator must keep, and the period of retention of those records; | | (d) | the reports that the operator must submit to the Commission, and the manner and time for those submissions; | | (e) | matters relating to the administration of the dispute resolution scheme; and | | (f) | generally to give effect to or for carrying out the purposes of subsections (1) and (3). [40/2020] |
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48H.—(1) On the application of a complainant, the Commission may review —| (a) | a refusal by an organisation to provide access to personal data or other information requested by the complainant under section 21, or the organisation’s failure to provide that access within a reasonable time; | | (b) | a refusal by an organisation to correct personal data in accordance with a request by the complainant under section 22, or the organisation’s failure to make the correction within a reasonable time; | | (c) | a refusal by a porting organisation to transmit any applicable data pursuant to a data porting request under section 26H, or the porting organisation’s failure to transmit the applicable data within a reasonable time; | | (d) | a fee required from the complainant by an organisation in relation to a request by the complainant under section 21 or 22; or | | (e) | a fee required from the complainant or a receiving organisation by a porting organisation in relation to a data porting request by the complainant under section 26H. [40/2020] |
(2) Upon completion of its review under subsection (1), the Commission may —| (a) | confirm the refusal to provide access to the personal data or other information, or direct the organisation to provide access to the personal data or other information within the time specified by the Commission; | | (b) | confirm the refusal to correct the personal data, or direct the organisation to correct the personal data in the manner and within the time specified by the Commission; | | (c) | confirm the refusal to transmit the applicable data, or direct the porting organisation to transmit the applicable data in the manner and within the time specified by the Commission; or | | (d) | confirm, reduce or disallow a fee, or direct the organisation or porting organisation (as the case may be) to make a refund to the complainant or receiving organisation, as the case may be. [40/2020] |
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| Directions for non‑compliance |
48I.—(1) The Commission may, if it is satisfied that —| (a) | an organisation has not complied or is not complying with any provision of Part 3, 4, 5, 6, 6A or 6B; or | | (b) | a person has not complied or is not complying with any provision of Part 9 or section 48B(1), |
| give the organisation or person (as the case may be) any direction that the Commission thinks fit in the circumstances to ensure compliance with that provision. |
[40/2020] (2) Without limiting subsection (1), the Commission may, if it thinks fit in the circumstances to ensure compliance with any provision of Part 3, 4, 5, 6, 6A or 6B, give an organisation all or any of the following directions:| (a) | to stop collecting, using or disclosing personal data in contravention of this Act; | | (b) | to destroy personal data collected in contravention of this Act; | | (c) | to comply with any direction of the Commission under section 48H(2). [40/2020] |
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48J.—(1) Subject to subsection (2), the Commission may, if it is satisfied that —| (a) | an organisation has intentionally or negligently contravened any provision of Part 3, 4, 5, 6, 6A or 6B; or | | (b) | a person has intentionally or negligently contravened —| (i) | any provision of Part 9; or | | (ii) | section 48B(1), |
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| require, by written notice, the organisation or person (as the case may be) to pay a financial penalty. |
[40/2020] | (2) Subsection (1) does not apply in relation to any contravention of a provision of this Act, the breach of which is an offence under this Act. [40/2020] |
(3) A financial penalty imposed on an organisation under subsection (1)(a) must not exceed the maximum amount to be prescribed, which in no case may be more than the following:| (a) | in the case of a contravention on or after the date of commencement of section 24 of the Personal Data Protection (Amendment) Act 2020 by an organisation whose annual turnover in Singapore exceeds $10 million — 10% of the annual turnover in Singapore of the organisation; | | (b) | in any other case — $1 million. [Act 40 of 2020 wef 01/10/2022] |
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(4) A financial penalty imposed on a person under subsection (1)(b)(i) must not exceed the maximum amount to be prescribed, which in no case may be more than the following:| (a) | in the case of an individual — $200,000; | | (b) | in any other case — $1 million. [40/2020] [Act 40 of 2020 wef 01/10/2022] |
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(4A) A financial penalty imposed on a person under subsection (1)(b)(ii) must not exceed the maximum amount to be prescribed, which in no case may be more than the following:| (a) | in the case of an individual — $200,000; | | (b) | in the case of a contravention on or after the date of commencement of section 24 of the Personal Data Protection (Amendment) Act 2020 by a person whose annual turnover in Singapore exceeds $20 million — 5% of the annual turnover of the person in Singapore; | | (c) | in any other case — $1 million. [Act 40 of 2020 wef 01/10/2022] |
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| (5) For the purposes of subsections (3) and (4), different maximum amounts may be prescribed in respect of contraventions of different provisions of this Act. [40/2020] |
| (5A) For the purposes of subsections (3)(a) and (4A)(b), the annual turnover in Singapore of an organisation or a person (as the case may be) is the amount ascertained from the most recent audited accounts of the organisation or person available at the time the financial penalty is imposed on that organisation or person. [Act 40 of 2020 wef 01/10/2022] |
(6) The Commission must, in determining the amount of a financial penalty imposed under subsection (1), have regard to, and give such weight as the Commission considers appropriate to, all of the following matters:| (a) | the nature, gravity and duration of the non‑compliance by the organisation or person, as the case may be; | | (b) | the type and nature of the personal data affected by the non‑compliance by the organisation or person, as the case may be; | | (c) | whether the organisation or person (as the case may be), as a result of the non‑compliance, gained any financial benefit or avoided any financial loss; | | (d) | whether the organisation or person (as the case may be) took any action to mitigate the effects and consequences of the non‑compliance, and the timeliness and effectiveness of that action; | | (e) | whether the organisation or person (as the case may be) had, despite the non‑compliance, implemented adequate and appropriate measures for compliance with the requirements under this Act; | | (f) | whether the organisation or person (as the case may be) had previously failed to comply with this Act; | | (g) | the compliance of the organisation or person (as the case may be) with any direction given under section 48I or 48L(4) in relation to remedying or mitigating the effect of the non‑compliance; | | (h) | whether the financial penalty to be imposed is proportionate and effective, having regard to achieving compliance and deterring non‑compliance with this Act; | | (i) | the likely impact of the imposition of the financial penalty on the organisation or person (as the case may be), including the ability of the organisation or person to continue the usual activities of the organisation or person; | | (j) | any other matter that may be relevant. [40/2020] |
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| Procedure for giving of directions and imposing of financial penalty |
48K.—(1) Before giving any direction under section 48I or imposing a financial penalty under section 48J(1), the Commission must give written notice to the organisation or person concerned —| (a) | stating that the Commission intends to take action against the organisation or person under section 48I or 48J(1), as the case may be; | | (b) | where the Commission intends to give any direction under section 48I, specifying the direction the Commission proposes to give; | | (c) | specifying each instance of non‑compliance that is the subject of the proposed action, or the reason or reasons for the proposed action; and | | (d) | subject to subsections (2) and (3), specifying the time within which written representations may be made to the Commission with respect to the proposed action. [40/2020] |
| (2) Where the Commission intends to impose a financial penalty under section 48J(1) on an organisation or a person, the time specified in the notice within which written representations may be made to the Commission must be at least 14 days after the date the notice is served on that organisation or person. [40/2020] |
| (3) The Commission may, on written application by the organisation or person concerned (whether before, on or after the expiry of the time specified in the notice), extend the time for the organisation or person to make written representations to the Commission if the Commission is satisfied that the extension should be granted by reason of exceptional circumstances in the particular case. [40/2020] |
(4) The Commission may decide to give the direction under section 48I or impose the financial penalty under section 48J(1), as the case may be —| (a) | after considering any written representation made to the Commission pursuant to the notice mentioned in subsection (1); or | | (b) | upon the expiry of the time specified in the notice under subsection (1)(d), or as extended by the Commission under subsection (3), where no representation is so made or any written representation made is subsequently withdrawn. [40/2020] |
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| (5) Subsection (1) does not apply where the organisation or person (as the case may be) has died, is adjudged bankrupt, has been dissolved or wound up or has otherwise ceased to exist. [40/2020] |
(6) Where the Commission decides to give the direction under section 48I or impose the financial penalty under section 48J(1) (as the case may be), the Commission must serve a notice of the decision on the following persons:| (a) | the organisation or person concerned; | | (b) | the complainant whose complaint against the organisation or person concerned resulted in the giving of the direction or the imposition of the financial penalty (as the case may be), if any. [40/2020] |
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| (7) A direction given under section 48I or the imposition of a financial penalty under section 48J(1) takes effect only when the Commission serves the notice in subsection (6)(a) on the organisation or person concerned. [40/2020] |
| (8) Where the Commission imposes a financial penalty under section 48J(1) on an organisation or a person, the written notice issued by the Commission to the organisation or person must specify the date before which the financial penalty is to be paid, being a date not earlier than 28 days after the notice is issued. [40/2020] |
(9) The Commission may, on written application by an organisation or a person on whom a financial penalty under section 48J(1) is imposed —| (a) | extend the time for the organisation or person to pay the financial penalty; or | | (b) | allow the financial penalty to be paid by instalments. [40/2020] |
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(10) The interest payable —| (a) | on the outstanding amount of any financial penalty imposed under section 48J(1); and | | (b) | for payment by instalments (as the Commission may allow) of any financial penalty imposed under section 48J(1), |
| must be at such rate as the Commission may direct, which must not exceed the rate prescribed in the Rules of Court in respect of judgment debts. |
[40/2020] |
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48L.—(1) Without affecting sections 48I, 48J(1) and 50(1), where the Commission has reasonable grounds to believe that —| (a) | an organisation has not complied, is not complying or is likely not to comply with any provision of Part 3, 4, 5, 6, 6A or 6B; or | | (b) | a person has not complied, is not complying or is likely not to comply with any provision of Part 9 or section 48B(1), |
| the organisation or person concerned may give, and the Commission may accept, a written voluntary undertaking. |
[40/2020] (2) Without limiting the matters to which the voluntary undertaking may relate, the voluntary undertaking may include any of the following undertakings by the organisation or person concerned:| (a) | an undertaking to take specified action within a specified time; | | (b) | an undertaking to refrain from taking specified action; | | (c) | an undertaking to publicise the voluntary undertaking. [40/2020] |
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(3) Subject to subsection (4), the Commission may, after accepting the voluntary undertaking and with the agreement of the organisation or person who gave the voluntary undertaking —| (a) | vary the terms of any undertaking included in the voluntary undertaking; or | | (b) | include, in the voluntary undertaking, any additional undertaking mentioned in subsection (2). [40/2020] |
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(4) Where an organisation or a person fails to comply with any undertaking in a voluntary undertaking —| (a) | the Commission may give the organisation or person concerned any direction that the Commission thinks fit in the circumstances to ensure the compliance of the organisation or person with that undertaking; and | | (b) | section 48K(1), (3), (4), (5), (6) and (7) applies to the direction given under paragraph (a) as if the direction were given under section 48I. [40/2020] |
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| (5) In addition, where an organisation or a person fails to comply with an undertaking mentioned in subsection (2)(c), the Commission may publicise the voluntary undertaking in accordance with the undertaking, and recover the costs and expenses so incurred from the organisation or person as a debt due to the Commission. [40/2020] |
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| Enforcement of directions of or written notices by Commission in District Court |
48M.—(1) For the purposes of enforcing a direction or written notice mentioned in subsection (2) —| (a) | the Commission may apply for the direction or written notice (as the case may be) to be registered in a District Court in accordance with the Rules of Court; and | | (b) | the District Court is to register the direction or written notice in accordance with the Rules of Court. [40/2020] |
(2) Subsection (1) applies to any of the following:| (a) | a direction made by the Commission under section 48H(2), 48I or 48L(4); | | (b) | a written notice by the Commission for the payment of any sum comprising —| (i) | a financial penalty imposed under section 48J(1); and | | (ii) | any interest payable under section 48K(10) on that financial penalty. [40/2020] |
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| (3) From the date of registration of a direction or written notice under subsection (1), the direction or written notice (as the case may be) has the same force and effect, and all proceedings may be taken on the direction or written notice (as the case may be), for the purposes of enforcement, as if it had been an order originally obtained in the District Court which has power to enforce it accordingly. [40/2020] |
(4) A District Court may, for the purpose of enforcing a direction in accordance with subsection (3), make any order —| (a) | to secure compliance with the direction; or | | (b) | to require any person to do anything to remedy, mitigate or eliminate any effects arising from —| (i) | anything done which ought not, under the direction, to have been done; or | | (ii) | anything not done which ought, under the direction, to have been done, |
| which would not have occurred had the direction been complied with. |
[40/2020] |
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| (5) A District Court has jurisdiction to enforce a written notice in accordance with subsection (3) regardless of the amount of the sum mentioned in subsection (2)(b). [40/2020] |
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| Reconsideration of directions or decisions |
48N.—(1) An organisation or a person (including any individual who is a complainant) aggrieved by —| (a) | any direction made by the Commission under section 48G(2), 48I(1) or (2) or 48L(4); or | | (b) | any direction or decision made under section 48H(2), |
| may make a written application to the Commission to reconsider the direction or decision in accordance with this section. |
[40/2020] | (2) An organisation or a person aggrieved by a financial penalty imposed by the Commission under section 48J(1) on the organisation or person may make a written application to the Commission to reconsider the decision to impose the financial penalty or the amount of the financial penalty so imposed in accordance with this section. [40/2020] |
| (3) Unless the Commission decides otherwise in any particular case, an application for reconsideration does not suspend the effect of the direction or decision to be reconsidered except in the case of an application for reconsideration under subsection (2). [40/2020] |
(4) The application for reconsideration —| (a) | subject to subsection (5), must be submitted to the Commission within the prescribed period; | | (b) | must be made in the form and manner required by the Commission; and | | (c) | must set out the grounds on which the applicant is requesting the reconsideration. [40/2020] |
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| (5) The Commission may, on written application by the organisation or person concerned (whether before, on or after the expiry of the prescribed period mentioned in subsection (4)(a)), extend the time for the organisation or person to make the application for reconsideration if the Commission is satisfied that the extension should be granted by reason of exceptional circumstances in the particular case. [40/2020] |
(6) If an application for reconsideration is made in accordance with this section, the Commission must —| (a) | reconsider the direction or decision; | | (b) | take any of the following actions as the Commission thinks fit:| (i) | affirm, revoke or vary the direction or decision; | | (ii) | affirm or revoke, or vary the amount of, the financial penalty; and |
| | (c) | notify the applicant in writing of the result of the reconsideration. [40/2020] |
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| (7) There is to be no application for reconsideration of a decision made under subsection (6)(b). [40/2020] |
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48O.—(1) A person who suffers loss or damage directly as a result of a contravention —| (a) | by an organisation of any provision of Part 4, 5, 6, 6A or 6B; or | | (b) | by a person of any provision of Division 3 of Part 9 or section 48B(1), |
| has a right of action for relief in civil proceedings in a court. |
[40/2020] | (2) If the Commission has made a decision under this Act in respect of a contravention specified in subsection (1), an action accruing under subsection (1) may not be brought in respect of that contravention until after the decision has become final as a result of there being no further right of appeal. [40/2020] |
(3) The court may grant to the claimant in an action under subsection (1) all or any of the following:| (a) | relief by way of injunction or declaration; | | (b) | damages; | | (c) | any other relief as the court thinks fit. [40/2020] [Act 25 of 2021 wef 01/04/2022] |
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