Clause 96

by deleting the words “Personal Data Protection Commission and Do Not Call Register and to provide for their” in the long title and substituting the words “Do Not Call Register and to provide for its”;

by deleting the definition of “Administration Body” in section 2(1);

by deleting the words “section 8(2)” in the definition of “authorised officer” in section 2(1) and substituting the words “section 38 of the Info‑communications Media Development Authority Act 2016”;

by inserting, immediately after the definition of “authorised officer” in section 2(1), the following definition:“ “Authority” means the Info‑communications Media Development Authority established by section 3 of the Info‑communications Media Development Authority Act 2016;”;

by deleting the definition of “Chairman” in section 2(1) and substituting the following definition:“ “Chief Executive”, in relation to the Authority, means the Chief Executive of the Authority appointed under section 40(2) of the Info‑communications Media Development Authority Act 2016, and includes any individual acting in that capacity;”;

by deleting the definition of “Commission” in section 2(1) and substituting the following definitions:“ “Commission” means the person designated as the Personal Data Protection Commission under section 5 to be responsible for the administration of this Act;“Commissioner” means the Commissioner for Personal Data Protection appointed under section 8(1)(a), and includes any Deputy Commissioner for Personal Data Protection or Assistant Commissioner for Personal Data Protection appointed under section 8(1)(b);”;

by inserting, immediately after the definition of “individual” in section 2(1), the following definition:“ “inspector” means an individual appointed as an inspector under section 8(1)(b);”;

by deleting the words “the Administration Body,” in the definition of “relevant body” in section 2(1);

by repealing section 5 and substituting the following section:“Personal Data Protection Commission5.—

The Info‑communications Media Development Authority is designated as the Personal Data Protection Commission.(2) The Personal Data Protection Commission is responsible for the administration of this Act.”;

by deleting subsections (1) and (2) of section 8 and substituting the following subsections:“(1) The Commission may appoint, by name or office, from among public officers and the employees of the Authority —

the Commissioner for Personal Data Protection; and

such number of Deputy Commissioners for Personal Data Protection, Assistant Commissioners for Personal Data Protection and inspectors, as the Commission considers necessary.(2) Where any function, duty or power of the Commission under this Act is delegated to the Commissioner under section 38 of the Info‑communications Media Development Authority Act 2016 —

the Commissioner must perform that function or duty, or exercise that power, in his name;

the Commission must not perform that function or duty, or exercise that power, during the period when the delegation is in force; and

the Commission must, as soon as practicable after the delegation, publish a notice of the delegation in the Gazette.”;

by deleting subsection (4) of section 8;

by repealing section 9 and substituting the following section:“Conduct of proceedings9.—

An individual appointed under section 8(1) or an employee of the Authority, who is authorised in writing by the Chief Executive of the Authority for the purpose of this section, may conduct, with the authorisation of the Public Prosecutor, proceedings in respect of an offence under this Act.(2) A legal counsel of the Commission who is an advocate and solicitor may —

appear in any civil proceedings involving the performance of any function or duty, or the exercise of any power, of the Commission under any written law; and

make all applications and do all acts in respect of the civil proceedings on behalf of the Commission or an authorised officer.”;

by deleting the words “sections 9 and” in section 10(1) and substituting the word “section”;

by deleting the word “Chairman” in section 41 and substituting the words “Chief Executive of the Authority”;

by deleting paragraphs (b) and (c) of section 51(3) and substituting the following paragraphs:“(b)obstructs or hinders the Commission, an inspector or an authorised officer in the performance of any function or duty, or the exercise of any power, under this Act; or

makes a statement, or furnishes any information or document, to the Commission, an inspector or an authorised officer under this Act, which the organisation or person knows, or ought reasonably to know, to be false or misleading in any material particular.”;

by deleting the words “Minister may” in section 55(4) and substituting the words “Commission may, with the approval of the Minister,”;

by repealing section 57 and substituting the following section:“Public servants and public officers57.—

All individuals appointed under section 8(1) —

are deemed to be public servants for the purposes of the Penal Code (Cap. 224); and

are, in relation to their administration, assessment, collection or enforcement of payment of composition sums under this Act, deemed to be public officers for the purposes of the Financial Procedure Act (Cap. 109); and section 20 of that Act applies to these individuals even though they are not or were not in the employment of the Government.(2) All members of the Appeal Panel, and all members of an advisory committee, are deemed to be public servants for the purposes of the Penal Code.”;

by inserting, immediately after paragraph (a) of section 59(7), the following paragraph:“(aa)a person authorised or appointed by a relevant body to perform the relevant body’s functions or duties, or exercise the relevant body’s powers, under this Act or any other written law;”;

by deleting the words “Minister may” in section 65(1) and (2) and substituting in each case the words “Commission may, with the approval of the Minister,”;

by deleting paragraph (a) of section 65(2);

by repealing section 67 and substituting the following section:“Saving and transitional provisions67.—

Every act done by or on behalf of the Former Commission before the appointed date remains valid and have effect as though it has been done by or on behalf of the Commission, until such time as the Commission invalidates, revokes, cancels or otherwise determines that act.(2) Where any thing has been started by or on behalf of the Former Commission before the appointed date, the Commission may carry on and complete that thing on or after that date.(3) Any approval, authorisation, decision, direction, exemption, guideline or notice (or other document) given or made by the Former Commission under this Act before the appointed date remains valid and is deemed to have been given or made by the Commission under this Act, to the extent that it is not inconsistent with this Act as amended by the Info‑communications Media Development Authority Act 2016.(4) Any application that is made to the Former Commission under this Act and is pending on the appointed date is deemed to be an application made to the Commission under this Act, to the extent that it is not inconsistent with this Act as amended by the Info‑communications Media Development Authority Act 2016.(5) Any appeal made before the appointed date under Part VIII in respect of any direction or decision of the Former Commission is deemed to be an appeal in respect of the direction or decision of the Commission.(6) Any authorisation made by, or any certificate or other document signed by, the Chairman of the Former Commission under this Act before the appointed date remains valid and is deemed to have been made or signed by the Chief Executive of the Authority under this Act.(7) For a period of 2 years after the date of commencement of any provision of section 96 of the Info‑communications Media Development Authority Act 2016, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision, as the Minister may consider necessary or expedient.(8) This section does not affect the operation of section 16 of the Interpretation Act (Cap. 1).(9) In this section —“appointed date” means the date of commencement of section 96(i) of the Info‑communications Media Development Authority Act 2016;“Former Commission” means the Personal Data Protection Commission established by section 5(1) as in force immediately before the appointed date.”;

by repealing section 68 and substituting the following section:“Dissolution68.—

The Former Commission is dissolved.(2) In this section, “Former Commission” has the same meaning as in section 67(9).”;

by repealing the First Schedule; and

by deleting paragraph 2 of the Eighth Schedule.