Singapore legislation

Section 48B

of Personal Data Protection Act 2012

Section 48B

Prohibition on use of dictionary attacks and address‑harvesting software

Amended by40/202040/202040/202040/2020

(1)

Subject to subsections (2) and (3), a person must not send, cause to be sent or authorise the sending of an applicable message.

Amended by40/2020

(2)

Subsection (1) does not apply to an employee (P) who sends, causes to be sent or authorises the sending of an applicable message in good faith —

(a)

in the course of P’s employment; or

(b)

in accordance with instructions given to P by or on behalf of P’s employer in the course of P’s employment.

Amended by40/2020

(3)

However, subsection (2) does not apply to a person (P) who, at the time the applicable message was sent, was an officer or a partner of the sender and it is proved that —

(a)

P knew or ought reasonably to have known that the telephone number is an applicable telephone number; and

(b)

the applicable message was sent with P’s consent or connivance, or the sending of the applicable message was attributable to any neglect on P’s part.

Amended by40/2020

(4)

In this section —

Amended by40/2020

Definition

“corporation” has the meaning given by section 52(7);

Definition

“officer” —

(a)

in relation to a corporation, has the meaning given by section 52(7); or

(b)

in relation to an unincorporated association (other than a partnership), has the meaning given by section 52A(7);

Definition

“partner”, in relation to a partnership, has the meaning given by section 52A(7).

Amended by40/2020