Singapore legislation

Schedule 5

of Personal Data Protection Act 2012

Schedule 5

Exceptions from access requirement

FIFTH SCHEDULESection 21(2)Exceptions from access requirement

1. An organisation is not required to provide information under section 21(1) in respect of —

(a)

opinion data kept solely for an evaluative purpose;

(b)

any examination conducted by an education institution, examination scripts and, prior to the release of examination results, examination results;

(c)

the personal data of the beneficiaries of a private trust kept solely for the purpose of administering the trust;

(d)

personal data kept by an arbitral institution or a mediation centre solely for the purposes of arbitration or mediation proceedings administered by the arbitral institution or mediation centre;

(e)

a document related to a prosecution if all proceedings related to the prosecution have not been completed;

(f)

personal data which is subject to legal privilege;

(g)

personal data which, if disclosed, would reveal confidential commercial information that could, in the opinion of a reasonable person, harm the competitive position of the organisation;

(h)

personal data collected, used or disclosed without consent, under paragraph 3 of Part 3 of the First Schedule, for the purposes of an investigation if the investigation and associated proceedings and appeals have not been completed;

(i)

personal data collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act —

(i)

under a collective agreement under the Industrial Relations Act 1960 or by agreement between the parties to the mediation or arbitration;

(ii)

under any written law; or

(iii)

by a court, arbitral institution or mediation centre; or

(j)

any request —

(i)

that would unreasonably interfere with the operations of the organisation because of the repetitious or systematic nature of the requests;

(ii)

if the burden or expense of providing access would be unreasonable to the organisation or disproportionate to the individual’s interests;

(iii)

for information that does not exist or cannot be found;

(iv)

for information that is trivial; or

(v)

that is otherwise frivolous or vexatious.

2. For the purposes of paragraph 1(j)(i), the organisation may have regard to the number and frequency of requests received.[40/2020]

Schedule 5 — Personal Data Protection Act 2012 | laws.sg