National authorities have implemented measures to safeguard individual data in response to the growing globalization of the internet. The secret gathering of personal data without regulatory supervision and a slew of big data breaches at the hands of multinational firms have led up to this point. Personal Data Protection Act in Singaporeis known as the PDPA. Read on to find out what pdpa stands for, how it operates, and what it does.
What is the PDPA?
Singapore passed the PDPA on October 15, 2012, to protect personal data. The Act was implemented in July 2014 and was modified in November 2020.It regulates the gathering, use, and dissemination of personal information by private organizations concerning residents of Singapore. The requirement that businesses only use and acquire personal data when necessary is likewise recognized by the rule.
A recent study led to a new data breach reporting method. Enterprises in Singapore must notify the Singaporean authorities and data subjects of data breaches, save in certain cases.
Is the Singapore Data Privacy law applicable to my business?
If your company fits specific requirements, the Singapore PDPA may apply to it. To help you figure out whether you have to comply, we’ve broken it down like this:
• Are Singaporean residents’ details something you deal with? You can’t overlook this element. Names, NRIC numbers, email addresses, and other identifying information are personal data.
• Do some things don’t apply? Every piece of data isn’t covered by the pdpa act singapore. Certain situations do not apply: Federal agency (with a few notable exceptions) Statistical information that cannot be utilised to identify specific persons Name, position, company phone number, address, and email for use in official business correspondence
• You will probably be required to adhere to the PDPA if your company deals with the personal data of Singaporean persons and is not excluded.
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What are the 10 data protection obligations in the PDPA?
In terms of protection, the Singapore Personal Data Protection Act lays out eleven duties, such as:
1.Purpose limitation
Keep personal information under wraps and only share it for the specified objectives.
2.Notification
Explain why you’ll use and disclose personal data.
3.Consent
Before collecting, utilizing, or revealing personal data, get consent.
4.Access and correctionAt the request of an individual, you must reveal their personal information as well as any disclosures or uses of that information within the last 12 months. Update a person’s profile when asked to do so.
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5.Accuracy
Use accurate and complete personally identifiable information before making a decision that may affect the person.
6.Protection
Prevent unauthorized access, alteration, disclosure, use, or duplication of your personal information, whether hard copy or electronic.
7.Retention limitation
When not in use, securely delete personal information and keep it for no longer than is necessary for business or legal reasons.
8.Transfer limitation
The Singapore Personal Data Protection Act requires foreign organizations to offer a certain level of protection.
9.Openness
Appoint a person to oversee data protection and make their contact details public. Disseminate information about personal data privacy rules, procedures, and channels for employee and public complaints.
10.Do-Not-Call (DNC)
Avoid calling National Do Not Call list members by phone, text, or fax without their consent or an ongoing relationship.
Those familiar with the GDPR may recognize several of these rules. Nevertheless, the PDPA is more than a decade older than the GDPR.
The Personal Data Protection Act regulates telemarketing in Singapore, and the tenth responsibility, “Do Not Call,” is not always seen as an obligation. Notifying authorities and data subjects after a data breach is, instead, a tenth (or eleventh) obligation.
In Singapore, what are the PDPA permission requirements?
The Singapore Personal Data Protection Act 2012 requires informed and voluntary consent before collecting, using, or disclosing personal data.
Valid Consent
In order to be legally binding under the PDPA act, consent must fulfill the following requirements:
•Freely Given: Consent should not be forced or feel like an obligation to the person giving it. A simple and obvious way to opt-out should be provided.
• Informed: People need to know what they’re agreeing to before they do it. What this means is that you should be transparent and brief with them.The particular personal data that is being collected The data’s intended usage and recipients of any disclosures Possible outcomes if permission is not granted
•Granular: Consent should be purpose-based for collecting granular data. Keep consent requests narrow and specific.
• Unambiguous: The process of acquiring consent must be straightforward and easy to understand. An opt-in form, checkbox, or similar method could be used to actively confirm the individual’s consent.
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Deemed Consent
The PDPA in Singapore allows for the inference of consent from an individual’s conduct rather than its express acquisition in certain limited contexts and is hence known as “deemed” consent. Here, though, you need exercise caution:
• Considered consent may be applicable if data collection is required to carry out a contract with the individual. For instance, gathering delivery details for an online purchase.
•Get notified and choose not to Users still need to be informed about data collection and given an easy means to opt-out if they don’t want their data used for a certain purpose, even in assumed consent scenarios.
Additional Considerations
Keep in mind that people can always revoke their permission. You should be ready to respond quickly to these requests and make the necessary system updates.Keeping records of the methods used to seek consent is recommended for auditing reasons. Information such as this may contain copies of opt-in forms, IP addresses, or timestamps.
What are the Singapore PDPA consumer rights?
Individuals are granted control over their personal data under Singapore’s PDPA regulations, as is the case with many other privacy laws.
1.Right to Access
Any customer or prospective customer of yours can legally examine their personal data.The access request must be responded to as soon as reasonably feasible and include all personal data you have acquired and any disclosures or uses within one year of the request date. You can charge a reasonable fee to respond, and the data should be presented in an understandable way.
There are several situations in which you have the right to refuse an access request. These include situations where the request could compromise the security of the country, expose the personal information of another person, or be malicious.
2.Right to Correction
Unless there are specific legal reasons not to, individuals have the right to ask that your company rectify any inaccurate personal information about them that you may have.You are within your rights to decline to remedy the problem if you can provide valid reasons. Third parties with whom you have shared personal information must also get the updated information from you no later than one year after the rectification, unless the third party specifically requests otherwise.
Requests for rectification, in contrast to requests for access, cannot be charged. A written notice of when you will respond is required in the event that you are unable to fulfill a request for access or correction within 30 days.
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3. Right to Opt-Out
Individuals can revoke their permission for data collection, usage, and dissemination at any time with adequate notice. Nevertheless, the withdrawal’s legal consequences are unaffected by the revocation of consent.
4.Right to Data Portability
While this is not relevant at this time, individuals will soon be allowed to request that organizations transfer their data to another organization under the new data portability requirement. You are obligated to provide the required data to the receiving organization as per the specified conditions, unless an exception applies.
In the PDPA policy, the phrase “right to be informed” is not used. Nevertheless, companies are obligated to tell individuals of the reasons behind collecting, using, or disclosing their personal information prior to doing so, as per the Notification Obligation. Companies also have to identify how customers’ personal information was shared or used during the past 12 months.
To fulfill their Singapore Personal Data Protection Act responsibilities, businesses must have policies that may be accessed when asked for, as stated in the Accountability Obligation.Data breaches that do or may cause substantial harm require organizations to notify affected individuals under the Data Breach Notification Obligation. Unless an exception exists, this need remains in place.
The Personal Data Protection Commission—what is it?
PDPA established the Personal Data Protection Commission (PDPC) in Singapore to regulate data protection. In addition to publishing data protection advising recommendations regularly, the PDPC also advises the government on potential rules.
Part of the Infocomm Media Development Authority (IMDA), which regulates integrated telecommunications and media, is the PDPC. In turn, the Ministry of Communications and Information oversees both bodies.
To foster a “culture of accountability,” the PDPC was established. As an example, the Data Protection Trustmark Certification was put into place by the PDPC in 2019. This program allows organizations to showcase their responsible data protection procedures through an optional enterprise-wide certification.Following the 2018 SingHealth data breach, the PDPC also enforces and prosecutes multiple corporations for PDPA violations, including SingHealth.
What penalties result from PDPA non-compliance?
PDPC has several consequences for organizations that violate the PDPA. You can ask the company to:
• Stop collecting, using, or disclosing personal data in violation of the,
• Get rid of any personally identifiable information gathered illegally.
• Grant access to or rectify personal information.
• Fine up to $1 million Singaporean dollars (625,735).
The EU General Data Protection Regulation (GDPR) fines can reach €20 million or 4% of global turnover, whichever is greater, but the latter is much lower. The latest change allows the PDPC to impose higher fines. This includes a cap of 10% of the company’s yearly Singaporean revenue (above SGD 10 million, or about €6,257,210) or up to SGD 1 million, or about €625,735), whichever is lower.
Public outcry and harm to a company’s reputation are further potential outcomes of penalties.
Does the Singapore PDPA necessitate a privacy policy?
The singapore privacy law does not require a privacy policy, however it is strongly suggested to establish notification compliance.
The PDPA requires organizations to warn individuals of their data collection, use, and disclosure requirements.
An easily understandable and comprehensible privacy policy might help you meet this need.Simplifying the consent collection process is another benefit of having a transparent privacy policy that describes data usage. People can think about the consequences before agreeing.
Is a cookie banner necessary for PDPA compliance?
The Singapore Personal Data Protection Act does not expressly state that a cookie banner is necessary for compliance. However, using one to protect oneself and follow the PDPA’s doctrine is justified.
Any information that can identify an individual is personal data under the PDPA’s broad definition. Cookies can identify a user, especially those that track their online activities across multiple websites.
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Organizations are also obligated to notify individuals of the gathering, utilization, and disclosure of personal data under the PDPA. While cookies may not gather names or other personally identifiable information directly, they do record user actions. To meet this cookie notification requirement, a cookie banner may be useful. Any jurisdiction with strict data privacy laws, such as the EU’s GDPR, requires cookie consent. Cookie banners demonstrate privacy concern.
What opt-out methods are required?
The Singapore PDPA does not mandate organizations to use any particular opt-out mechanism. Nonetheless, the Act stresses the need to get people’s informed consent and honor their rights when it comes to using their personal data. As a result, you should provide opt-out options that are simple, straightforward, easily available, and considerate of personal preference.
Methods for opting out that are popular and in line with the PDPA’s principles are as follows:
• Unsubscribe Links: Ensure your email marketing campaigns have easy-to-find unsubscribe buttons. You should be able to locate and use these links with ease.
•Checkbox Opt-Outs: Make sure you include explicit opt-out boxes throughout data collecting so consumers can choose not to be contacted for specific uses or for marketing purposes.
• Preference Centers: Think about providing a choice center where people can control what happens to their data and how they can opt out of certain usage.
• Phone Numbers and Email Addresses: Giving people the option to opt-out by phone or email might be suitable in some cases. Make sure these details are easy to see and that questions are answered quickly.
Do Data Protection Assessments have to be done?
The Data Protection Impact Assessment (DPIA) is required by law in certain circumstances as laid out in the PDPA. In such cases, the processing of personal data usually presents a significant threat to people’s freedoms and rights. When processing special category data (e.g., race, religion, health information) on a big scale, when routinely monitoring publicly accessible areas (CCTV) on a large scale, and when using personal data for profiling that significantly affects persons are all examples of this.
Most organizations should nevertheless do voluntary data protection evaluations even if an obligatory one isn’t necessary. An individual’s right to privacy can be better protected with the aid of a data protection authority (DPA). In this way, you can head off potential difficulties by taking preventative measures.
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Do we need Data Protection Officers?
Appointing a DPO is mandatory in certain situations, as outlined in the PDPA.
A DPO is required by law in Singapore for any business that routinely handles a large amount of personal information belonging to Singaporean citizens. The PDPC takes into account aspects such as the number of affected individuals, the categories of data gathered, and the goals for processing, although the precise threshold for “large volume” is not established expressly.
Data Protection Impact Assessments (DPIAs) are mandated under the Singapore Personal Data Protection Act for specific processing operations that pose a high risk, as previously stated. Appointing a DPO may be necessary to show responsibility and execute suitable risk mitigation measures if your DPIA finds major issues.
Who Can Be a DPO?
The DPO should not be required to work full-time. Someone in your company who is adequately trained and has access to the tools they need to do their job well could be that person. On the other hand, the DPO needs to be well-versed on data protection principles and the regulations set out by the Singapore Personal Data Protection Act.
Conclusion
The Singapore Personal Data Protection Act is known as the PDPA. It regulates how businesses handle customers’ private information. You must read the text of the bill carefully if your company has transactions in Singapore.
FAQs
What is the Protection of Personal Data Act?
The Personal Data Protection Act (PDPA) helps Singaporeans protect private data. It supplements industry-specific regulatory and legislative frameworks including the Banking Act and Insurance Act.
What is the personal data protection act 2018?
Businesses, governments, and organizations must observe the Data Protection Act of 2018 when processing your data. The Data Protection Act of 2018 introduced GDPR in the UK.
What are the 7 principles of the Data Protection Act?
▪ Lawfulness, fairness, and transparency;
▪ Purpose limitation;
▪ Data minimisation;
▪ Accuracy;
▪ Storage limitation;
▪ Integrity and confidentiality;
▪ Accountability
These principles are laid out at the very beginning of the GDPR and they influence and shape every other part of that law.
What is personal data under the Data Protection Act 1998?
‘Good information handling’ is the basis of the Data Protection Act (DPA) of 1998. These establish specific rights for individuals with respect to their personal data and impose obligations on organizations that handle this data.
