Personal Data Protection Act 2012 · 2020 Revised Edition · Schedules
Schedule 5 · Exceptions from access requirement
Feedback & supportFIFTH SCHEDULESection 21(2)Exceptions from access requirement
1. An organisation is not required to provide information under section 21(1) in respect of —
organisation
“organisation” includes any individual, company, association or body of persons, corporate or unincorporated, whether or not —(a)formed or recognised under the law of Singapore; or(b)resident, or having an office or a place of business, in Singapore;
opinion data kept solely for an evaluative purpose;
evaluative purpose
“evaluative purpose” means —(a)the purpose of determining the suitability, eligibility or qualifications of the individual to whom the data relates —(i)for employment or for appointment to office;(ii)for promotion in employment or office or for continuance in employment or office;(iii)for removal from employment or office;(iv)for admission to an education institution;(v)for the awarding of contracts, awards, bursaries, scholarships, honours or other similar benefits;(vi)for selection for an athletic or artistic purpose; or(vii)for grant of financial or social assistance, or the delivery of appropriate health services, under any scheme administered by a public agency;(b)the purpose of determining whether any contract, award, bursary, scholarship, honour or other similar benefit should be continued, modified or cancelled;(c)the purpose of deciding whether to insure any individual or property or to continue or renew the insurance of any individual or property; or(d)such other similar purposes as the Minister may prescribe;
any examination conducted by an education institution, examination scripts and, prior to the release of examination results, examination results;
education institution
“education institution” means an organisation that provides education, including instruction, training or teaching, whether by itself or in association or collaboration with, or by affiliation with, any other person;
the personal data of the beneficiaries of a private trust kept solely for the purpose of administering the trust;
personal data
“personal data” means data, whether true or not, about an individual who can be identified —(a)from that data; or(b)from that data and other information to which the organisation has or is likely to have access;
personal data kept by an arbitral institution or a mediation centre solely for the purposes of arbitration or mediation proceedings administered by the arbitral institution or mediation centre;
proceedings
“proceedings” means any civil, criminal or administrative proceedings by or before a court, tribunal or regulatory authority that is related to the allegation of —(a)a breach of an agreement;(b)a contravention of any written law or any rule of professional conduct or other requirement imposed by any regulatory authority in exercise of its powers under any written law; or(c)a wrong or a breach of a duty for which a remedy is claimed under any law;
a document related to a prosecution if all proceedings related to the prosecution have not been completed;
personal data which is subject to legal privilege;
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;
harm
“harm”, in relation to an individual, means —(a)any physical harm; or(b)harassment, alarm or distress caused to the individual;
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;
investigation
“investigation” means an investigation relating to —(a)a breach of an agreement;(b)a contravention of any written law, or any rule of professional conduct or other requirement imposed by any regulatory authority in exercise of its powers under any written law; or(c)a circumstance or conduct that may result in a remedy or relief being available under any law;
personal data collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act —
under a collective agreement under the Industrial Relations Act 1960 or by agreement between the parties to the mediation or arbitration;
under any written law; or
by a court, arbitral institution or mediation centre; or
any request —
that would unreasonably interfere with the operations of the organisation because of the repetitious or systematic nature of the requests;
if the burden or expense of providing access would be unreasonable to the organisation or disproportionate to the individual’s interests;
for information that does not exist or cannot be found;
for information that is trivial; or
that is otherwise frivolous or vexatious.
2. For the purposes of paragraph 1(j)(i), the organisation may have regard to the number and frequency of requests received.[40/2020]