Singapore legislation

Clause 32

of Personal Data Protection (Amendment) Bill

Clause 32

Repeal of Second, Third and Fourth Schedules and re‑enactment of Second Schedule

The Second, Third and Fourth Schedules to the principal Act are repealed and the following Schedule substituted therefor:“SECOND SCHEDULESections 2(1) and 17(1)ADDITIONAL BASES FOR COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA WITHOUT CONSENTPart 1COLLECTION OF PERSONAL DATA1. The collection of personal data about an individual, if —

(a)

the personal data was disclosed by a public agency; and

(b)

the collection of the personal data by the organisation is consistent with the purpose of the disclosure by the public agency.Part 2USE OF PERSONAL DATADivision 1 — Public interest

1. The use of personal data about an individual, if —

(a)

the personal data was disclosed by a public agency; and

(b)

the use of the personal data by the organisation is consistent with the purpose of the disclosure by the public agency.Division 2 — Business improvement purpose1.—

(1)

Subject to the conditions in sub‑paragraph (2), personal data about an individual (P) is used by the organisation for any of the following purposes:

(a)

improving or enhancing any goods or services provided, or developing new goods or services to be provided, by the organisation;

(b)

improving or enhancing the methods or processes, or developing new methods or processes, for the operations of the organisation;

(c)

learning about and understanding the behaviour and preferences of P or another individual in relation to the goods or services provided by the organisation;

(d)

identifying any goods or services provided by the organisation that may be suitable for P or another individual, or personalising or customising any such goods or services for P or another individual.(2) Sub‑paragraph (1) applies only if —

(a)

the purpose for which the organisation uses personal data about P cannot reasonably be achieved without the use of the personal data in an individually identifiable form; and

(b)

a reasonable person would consider the use of personal data about P for that purpose to be appropriate in the circumstances.(3) To avoid doubt, sub‑paragraph (1) does not apply to the use of personal data about P for the purpose of sending to P or another individual a message for an applicable purpose within the meaning given by section 37(6).(4) In this paragraph, “organisation” excludes a corporation within the meaning given by section 4(1) of the Companies Act.Division 3 — Research

1. The use of personal data about an individual for a research purpose (including historical or statistical research), if —

(a)

the research purpose cannot reasonably be accomplished unless the personal data is used in an individually identifiable form;

(b)

there is a clear public benefit to using the personal data for the research purpose;

(c)

the results of the research will not be used to make any decision that affects the individual; and

(d)

in the event that the results of the research are published, the organisation publishes the results in a form that does not identify the individual.Part 3DISCLOSURE OF PERSONAL DATA WITHOUT CONSENTDivision 1 — Public interest

1. The disclosure of personal data about an individual to a public agency, where the disclosure is necessary in the public interest.

2. The disclosure of personal data about an individual who is a current or former student of an educational institution to a public agency for the purposes of policy formulation or review.

3. The disclosure of personal data about an individual who is a current or former patient of any of the following to a public agency for the purposes of policy formulation or review:

(a)

a healthcare institution licensed under the Private Hospitals and Medical Clinics Act (Cap. 248);

(b)

a licensee under the Healthcare Services Act 2020 (Act 3 of 2020);

(c)

a prescribed healthcare body.

4. The disclosure of personal data about any individual to any officer of a prescribed law enforcement agency, upon production of written authorisation signed by the head or director of that prescribed law enforcement agency or a person of a similar rank, certifying that the personal data is necessary for the purposes of the functions or duties of the officer.Division 2 — Research

1. The disclosure of personal data about an individual for a research purpose (including historical or statistical research), if —

(a)

the research purpose cannot reasonably be accomplished unless the personal data is disclosed in an individually identifiable form;

(b)

it is impracticable for the organisation to seek the consent of the individual for the disclosure;

(c)

there is a clear public benefit to disclosing the personal data for the research purpose;

(d)

the results of the research will not be used to make a decision that affects the individual; and

(e)

in the event that the results of the research are published, the organisation publishes the results in a form that does not identify the individual.”.