Clause 14

In this Part, unless the context otherwise requires —“applicable country” means a country or territory outside Singapore that is prescribed to be an applicable country;“applicable data”, in relation to a porting organisation, means any personal data in the possession or under the control of the porting organisation that is, or belongs to a class of personal data that is, prescribed to be applicable data;“data porting request” has the meaning given by section 26H(1);“ongoing relationship” means a relationship, on an ongoing basis, between an individual and a porting organisation, arising from the carrying on or conduct of a business or an activity (whether commercial or otherwise) by the porting organisation;“porting organisation” means an organisation that is, or belongs to a class of organisation that is, prescribed to be a porting organisation;“receiving organisation” means an organisation that receives applicable data from a porting organisation, and that —

is formed or recognised under the law of Singapore or an applicable country; or

is resident, or has an office or a place of business, in Singapore or an applicable country.(2) This Part applies only to applicable data that —

is in electronic form on the date the porting organisation receives a data porting request relating to the applicable data; and

was collected or created by the porting organisation within the prescribed period before the date the porting organisation receives the data porting request relating to the applicable data.(3) For the purposes of subsection (2)(b), different periods may be prescribed for different applicable data or different porting organisations (which may include a period starting before the date of commencement of section 14 of the Personal Data Protection (Amendment) Act 2020).(4) This Part applies to applicable data that is the subject of a data porting request regardless of whether the applicable data is stored or processed in, or transmitted from, Singapore or a country or territory other than Singapore.Purpose of this Part26G. The purpose of this Part is to —

provide individuals with greater autonomy and control over their personal data; and

facilitate the innovative and more intensive use of applicable data in the possession or under the control of organisations to support the development, enhancement and refinement of goods and services provided by other organisations located or operating in Singapore or elsewhere.Porting of applicable data26H.—

An individual may give a porting organisation a request (called a data porting request) that the porting organisation transmits to a receiving organisation the applicable data about the individual specified in the data porting request.(2) Subject to subsections (3), (5) and (6), the porting organisation must, upon receiving the data porting request, transmit the applicable data specified in the data porting request to the receiving organisation in accordance with any prescribed requirements.(3) Subsection (2) applies only if both of the following are satisfied:

the data porting request satisfies any prescribed requirements;

the porting organisation, at the time it receives the data porting request, has an ongoing relationship with the individual.(4) For the purposes of subsection (3)(b), the porting organisation, in determining whether an ongoing relationship with the individual exists, must have regard to any matters prescribed.(5) A porting organisation is not required to transmit any applicable data about an individual under subsection (2) —

that is specified as excluded applicable data in Part 1 of the Twelfth Schedule; or

in any of the excluded circumstances specified in Part 2 of the Twelfth Schedule.(6) A porting organisation must not transmit any applicable data about an individual under subsection (2) if —

the transmission of the applicable data can reasonably be expected to —

threaten the safety, or physical or mental health, of an individual other than the individual to whom the applicable data relates;

cause immediate or grave harm to the safety, or physical or mental health, of the individual to whom the applicable data relates; or

be contrary to the national interest;

the receiving organisation to which the applicable data is to be transmitted is, or belongs to a class of organisations that is, prescribed to be an excluded receiving organisation; or

the Commission directs the porting organisation not to transmit the applicable data.(7) If a porting organisation for any reason does not transmit any applicable data about an individual under subsection (2), the porting organisation must, within the prescribed time and in accordance with the prescribed requirements, notify the individual of the refusal.(8) To avoid doubt, subsection (2) does not affect any prohibition or restriction on the disclosure of any personal data in the possession or under the control of the porting organisation under any other written law.Transmission of personal data under data porting request26I.—

This section applies where giving effect to a data porting request in respect of applicable data about an individual (P) under section 26H(2) would transmit personal data about another individual (T) to a receiving organisation.(2) A porting organisation may disclose personal data about T to a receiving organisation without T’s consent only if the data porting request —

is made in P’s personal or domestic capacity; and

relates to P’s user activity data or user‑provided data.(3) A receiving organisation which receives from a porting organisation any personal data about T under subsection (2) must use that personal data only for the purpose of providing any goods or services to P.(4) A porting organisation is not, by reason only of disclosing personal data about T to a receiving organisation in accordance with subsection (2), to be regarded, in relation to that personal data, as being in breach of —

any duty or obligation under any written law or rule of law, or any contract, as to secrecy or other restriction on the disclosure of information; or

any rule of professional conduct applicable to the porting organisation.Preservation of copies of applicable data26J.—

A porting organisation must preserve, for not less than the prescribed period, any applicable data that is specified in a data porting request, regardless of whether the porting organisation transmits or refuses for any reason to transmit that applicable data to a receiving organisation pursuant to the data porting request.(2) For the purposes of subsection (1), different periods may be prescribed for different porting organisations or different circumstances in which a porting organisation transmits or refuses to transmit applicable data.(3) The porting organisation must ensure that the copy of the applicable data it preserves for the purposes of this section is a complete and accurate copy of the applicable data concerned.”.