Personal Data Protection Act 2012 · 2020 Revised Edition · Schedules
Schedule 8 · Exclusion from meaning of “specified message”
Feedback & supportEIGHTH SCHEDULESection 37(5)Exclusion from meaning of “specified message”1.—
message
“message” means any message, whether in sound, text, visual or other form;
For the purposes of Part 9, a specified message does not include any of the following:
any message sent by a public agency under, or to promote, any programme carried out by any public agency which is not for a commercial purpose;
public agency
“public agency” includes —(a)the Government, including any ministry, department, agency, or organ of State;(b)any tribunal appointed under any written law; or(c)any statutory body specified under subsection (2);
any message sent by an individual acting in a personal or domestic capacity;
any message which is necessary to respond to an emergency that threatens the life, health or safety of any individual;
any message the sole purpose of which is —
to facilitate, complete or confirm a transaction that the recipient of the message has previously agreed to enter into with the sender;
sender
“sender”, in relation to a message, means a person —(a)who sends the message, causes the message to be sent, or authorises the sending of the message; or(b)who makes a voice call containing the message, causes a voice call containing the message to be made, or authorises the making of a voice call containing the message;
to provide warranty information, product recall information or safety or security information with respect to a product or service purchased or used by the recipient of the message; or
to deliver goods or services, including product updates or upgrades, that the recipient of the message is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender;
goods
“goods” means any personal property, whether tangible or intangible, and is deemed to include —(a)chattels that are attached or intended to be attached to real property on or after delivery;(b)financial products and credit, including credit extended solely on the security of land;(c)any residential property; and(d)a voucher;
any message, other than a message mentioned in sub‑paragraph (d) —
that is sent while the sender is in an ongoing relationship with the recipient of the message; and
the sole purpose of which relates to the subject matter of the ongoing relationship;
any message the sole purpose of which is to conduct market research or market survey;
any message sent to an organisation other than an individual acting in a personal or domestic capacity, for any purpose of the receiving organisation.
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;
In sub‑paragraph (1)(e), “ongoing relationship” means a relationship, on an ongoing basis, between the sender and the recipient of the message, arising from the carrying on or conduct of a business or an activity (commercial or otherwise) by the sender.[22/2016; 40/2020]
business
“business” includes the activity of any organisation, whether or not carried on for purposes of gain, or conducted on a regular, repetitive or continuous basis, but does not include an individual acting in his or her personal or domestic capacity;