| PERSONAL DATA PROTECTION ACT 2012 |
| Definitions of this Order (O. 57, r. 1) |
1. In this Order —| “Act” means the Personal Data Protection Act 2012, and any reference to a section is a reference to a section in the Act; |
| “Appeal Committee” means a Data Protection Appeal Committee nominated under section 48P(4); |
| “Commission” means the Personal Data Protection Commission established by section 5. |
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| Powers under section 48M exercisable by Judge or Registrar (O. 57, r. 2) |
2.—(1) Subject to paragraph (2), the powers conferred on the District Court by section 48M may be exercised by a District Judge in chambers or the Registrar.| (2) The powers conferred on the District Court by section 48M(4) may only be exercised by a District Judge. |
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| Application to register Commission’s Direction or Notice or Appeal Committee’s Decision (O. 57, r. 3) |
3. An application to register in the District Court —| (a) | any direction made by the Commission under section 48H(2), 48I or 48L(4), including any direction varied by the Commission under section 48N(6)(b)(i) (called in this Order a Direction); | | (b) | any written notice by the Commission (called in this Order a Notice) for the payment of any sum comprising —| (i) | a financial penalty imposed under section 48J(1), including a financial penalty varied by the Commission under section 48N(6)(b)(ii); and | | (ii) | any interest payable under section 48K(10) on that financial penalty; or |
| | (c) | any direction or decision made by an Appeal Committee under section 48Q(5) (called in this Order a Decision), |
| must be made by originating application without notice. |
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| Evidence in support of application to register (O. 57, r. 4) |
4.—(1) An application under section 48M to register in the District Court a Direction, Notice or Decision must be supported by an affidavit —| (a) | exhibiting the Direction, Notice or Decision sought to be registered or a verified or certified or otherwise duly authenticated copy of the Direction, Notice or Decision; | | (b) | stating that the Commission is the party seeking to register the Direction, Notice or Decision; | | (c) | stating the name and the usual or last known place of business or residence of the party against whom the Direction, Notice or Decision has been made so far as known to the deponent; and | | (d) | stating to the best of the information or belief of the deponent that —| (i) | the Commission is entitled to enforce the Direction, Notice or Decision; | | (ii) | as at the date of the application —| (A) | the Direction, Notice or Decision has not been appealed against and the time allowed for appealing has expired; or | | (B) | all appeals against the Direction, Notice or Decision under section 48Q(1)(a) or (b) or section 48R(1) or (4) have been finally disposed of and no further appeal is feasible; |
| | (iii) | as at the date of the application, the Direction, Notice or Decision has not been complied with; and | | (iv) | the amount of financial penalty imposed thereunder which remains unsatisfied, if applicable. |
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(2) In addition, an affidavit supporting an application to register in the District Court a Direction or Notice must state that at the date of the application —| (a) | there has been no application made under section 48N(1) to the Commission to reconsider the Direction or Notice and the time allowed to apply for reconsideration has expired; or | | (b) | all applications made under section 48N(1) to the Commission to reconsider the Direction or Notice have been finally disposed of and —| (i) | the decision of the Commission made under section 48N(6)(b) upon reconsideration of the Direction or Notice has not been appealed against and the time allowed for appealing has expired; or | | (ii) | all appeals against the decision of the Commission made under section 48N(6)(b) upon reconsideration of the Direction or Notice have been finally disposed of and the time allowed for making a further appeal (where applicable) under section 48Q(1)(c) or section 48R(1) or (4) has expired. |
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| Order for registration (O. 57, r. 5) |
5.—(1) An order in Form 86 to register a Direction, Notice or Decision must be drawn up by, or on behalf of, the Commission and served on the party against whom the Direction, Notice or Decision has been made.| (2) Unless the Court otherwise directs, every order registering a Direction, Notice or Decision must state the period within which an application may be made to set aside the registration of the Direction, Notice or Decision, and must contain a notification that an enforcement order to enforce the Direction, Notice or Decision will not be issued until after the expiry of that period. |
| (3) Any application to extend the period to set aside the registration of the Direction, Notice or Decision (whether as originally fixed or as subsequently extended) must be made before the expiry of that period. |
| (4) The Court may extend the period referred to in paragraph (3) on such terms as the Court thinks fit. |
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| Register of Directions, Notices and Decisions (O. 57, r. 6) |
| 6. There must be kept in the Registry a register of all the Directions, Notices and Decisions registered under this Order. |
| Notice of registration (O. 57, r. 7) |
7.—(1) Notice of the registration of a Direction, Notice or Decision must be served on the party against whom the Direction, Notice or Decision has been made and subject to paragraph (2), must be served personally, unless the Court otherwise orders.| (2) Service of such a notice out of Singapore is permissible without permission, and Order 8, Rules 2, 3, 7 and 8 apply in relation to such a notice as they apply in relation to an originating claim. |
(3) The notice of registration must state —| (a) | full particulars of the Direction, Notice or Decision registered and the order for registration; | | (b) | the name and address of the party seeking to enforce the Direction, Notice or Decision or of the party’s solicitor on whom, and at which, any summons issued by the party against whom the Direction, Notice or Decision (as the case may be) has been made may be served; | | (c) | that the party against whom the Direction, Notice or Decision has been made has a right to apply to have the registration set aside; and | | (d) | the period within which an application to set aside the registration may be made. |
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| Endorsement of service (O. 57, r. 8) |
8.—(1) Within 3 days after service of the notice of registration or within such longer period as the Court may, in special circumstances, allow, the notice or a copy of the notice must be endorsed by the person who served it with the day of the week and date on which it was served.| (2) If the notice is not so endorsed within the period mentioned in paragraph (1), the person seeking to enforce the Direction, Notice or Decision to which the notice relates may not apply for an enforcement order to enforce the Direction, Notice or Decision without the permission of the Court. |
| (3) Every affidavit of service of any such notice must state the date on which the notice was endorsed under this Rule. |
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| Application to set aside registration (O. 57, r. 9) |
9.—(1) An application to set aside the registration of a Direction, Notice or Decision must be made by summons supported by an affidavit.(2) The Court hearing such application may order any issue between —| (a) | the Commission and the party against whom the Direction, Notice or Decision is made; or | | (b) | the complainant referred to in section 48H(1) upon whose application a Direction, Notice or Decision is made and the party against whom the Direction, Notice or Decision is made, |
| to be tried in any manner in which an issue in an action may be ordered to be tried. |
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| (3) The Court hearing an application under this Rule to set aside the registration of a Direction, Notice or Decision may order the registration of the Direction, Notice or Decision to be set aside on such terms as the Court thinks fit. |
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| Issue of enforcement order (O. 57, r. 10) |
10.—(1) Where, pursuant to Rule 5(2), there is a specified period within which an application may be made to set aside the registration of a Direction, Notice or Decision, an enforcement order must not be issued to enforce the Direction, Notice or Decision until after the expiry of the specified period, or if that period has been extended by the Court, until after the expiry of that period so extended.| (2) If an application is made to set aside the registration of a Direction, Notice or Decision, an enforcement order to enforce the Direction, Notice or Decision must not be issued until after such application is disposed of. |
| (3) Any party wishing to apply for an enforcement order to enforce a Direction, Notice or Decision registered in accordance with this Order must produce to the Court an affidavit of service of the notice of registration of the Direction, Notice or Decision and any order made by the Court in relation to the Direction, Notice or Decision. |
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| Application for enforcement order under section 48M(4) (O. 57, r. 11) |
11.—(1) An application for any order specified in section 48M(4) in relation to any Direction, Notice or Decision —| (a) | may be made together with, or at any time after, an application for registration under Rule 3 relating to that same Direction, Notice or Decision; and | | (b) | does not constitute an application for an enforcement order to enforce that Direction, Notice or Decision under Rule 10. |
| (2) The application referred to in paragraph (1) may be made by summons supported by an affidavit and where the case is one of urgency, may be made without notice. |
(3) The affidavit must state —| (a) | the grounds relied upon by the applicant for the order sought; and | | (b) | the appropriateness of the order sought in addressing the grounds relied upon by the applicant. |
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| Notice to Commission of claim for relief in civil proceedings under section 48O(1) (O. 57, r. 12) |
| 12. Where any claim is made for relief in civil proceedings under section 48O(1), the claimant in those proceedings must serve a copy of the originating claim or originating application to the Commission not later than 14 days after service of the originating claim or originating application on the defendant. |
| Transmission to Commission of judgment or order of Court under section 48O (O. 57, r. 13) |
| 13. Any person who is granted any judgment or order by a Court pursuant to section 48O must transmit a copy of the judgment or order to the Commission within 3 days after the date of the judgment or order. |
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