Singapore legislation

Schedule “TWELFTH SCHEDULE

of Personal Data Protection (Amendment) Bill

Schedule “TWELFTH SCHEDULE

EXCEPTIONS TO DATA PORTABILITY

Section 26H(5)EXCEPTIONS TO DATA PORTABILITYPart 1EXCLUDED APPLICABLE DATA1. A porting organisation is not required to transmit under section 26H(2) any of the following applicable data:

(a)

opinion data kept solely for an evaluative purpose;

(b)

a document related to a prosecution if all proceedings related to the prosecution have not been completed;

(c)

personal data which is subject to legal privilege;

(d)

personal data which, if disclosed, would reveal confidential commercial information that could, in the opinion of a reasonable person, harm the competitive position of the organisation;

(e)

personal data collected, used or disclosed without consent, under paragraph 3 of Part 3 of the First Schedule for the purposes of an investigation if the investigation and associated proceedings and appeals have not been completed;

(f)

derived personal data.Part 2EXCLUDED CIRCUMSTANCES1. A porting organisation is not required to transmit any applicable data under section 26H(2) in any of the following circumstances:

(a)

transmitting the applicable data will unreasonably interfere with the operations of the porting organisation because of the repetitious or systematic nature of the data porting request;

(b)

the burden or expense of transmitting the applicable data is unreasonable to the porting organisation or disproportionate to the individual’s interests;

(c)

the data porting request relates to applicable data that —

(i)

does not exist or cannot be found; or

(ii)

is trivial;

(d)

the data porting request is frivolous or vexatious.

2. For the purposes of paragraph 1(a), the organisation may have regard to the number and frequency of data porting requests received in respect of the applicable data.”.