Singapore legislation

Clause 24

of Personal Data Protection (Amendment) Bill

Clause 24

Amendment of section 48J

Section 48J of the principal Act, as inserted by section 23, is amended —

(a)

by deleting subsection (3) and substituting the following subsection:“(3) A financial penalty imposed on an organisation under subsection (1)(a) must not exceed the maximum amount to be prescribed, which in no case may be more than the following:

(a)

in the case of a contravention on or after the date of commencement of section 24 of the Personal Data Protection (Amendment) Act 2020 by an organisation whose annual turnover in Singapore exceeds $10 million — 10% of the annual turnover in Singapore of the organisation;

(b)

in any other case — $1 million.”;

(b)

by deleting the words “subsection (1)(b)” in subsection (4) and substituting the words “subsection (1)(b)(i)”;

(c)

by inserting, immediately after subsection (4), the following subsection:“(4A) A financial penalty imposed on a person under subsection (1)(b)(ii) must not exceed the maximum amount to be prescribed, which in no case may be more than the following:

(a)

in the case of an individual — $200,000;

(b)

in the case of a contravention on or after the date of commencement of section 24 of the Personal Data Protection (Amendment) Act 2020 by a person whose annual turnover in Singapore exceeds $20 million — 5% of the annual turnover of the person in Singapore;

(c)

in any other case — $1 million.”; and

(d)

by inserting, immediately after subsection (5), the following subsection:“(6) For the purposes of subsections (3)(a) and (4A)(b), the annual turnover in Singapore of an organisation or a person (as the case may be) is the amount ascertained from the most recent audited accounts of the organisation or person available at the time the financial penalty is imposed on that organisation or person.”.

Clause 24 — Personal Data Protection (Amendment) Bill