Personal Data Protection Act 2012 · 2020 Revised Edition · Part 9 · Do Not Call Registry
43. Duty to check register
Feedback & supportLast amended by an amending law of 2020.
Subject to section 48(2), a person must not send a specified message addressed to a Singapore telephone number unless the person has, at the time the person sends the specified message, valid confirmation that the Singapore telephone number is not listed in the relevant register.
send
“send”, in relation to a message, means —(a)to send the message, cause the message to be sent, or authorise the sending of the message; or(b)to make a voice call containing the message, cause a voice call containing the message to be made, or authorise the making of a voice call containing the message;
For the purposes of subsection (1), the person has valid confirmation that a Singapore telephone number is not listed in the relevant register in either of the following circumstances:
Singapore telephone number
“Singapore telephone number” means —(a)a telephone number, with 8 digits beginning with the digit “3”, “6”, “8” or “9”, that is in accordance with the National Numbering Plan mentioned in regulation 12A of the Telecommunications (Class Licences) Regulations; or(b)any other telephone numbers as may be prescribed;
the person has, within the prescribed duration before sending the specified message —
made an application to the Commission under section 40(2) to confirm whether the Singapore telephone number is listed in the relevant register; and
received confirmation from the Commission that the Singapore telephone number is not listed in the relevant register;
the person has obtained from a checker information that the Singapore telephone number is not listed in the relevant register (called in this section the relevant information) and has no reason to believe that, and is not reckless as to whether —
the prescribed period in relation to the relevant information has expired; or
the relevant information is false or inaccurate.
In subsection (2)(b)(i), “prescribed period”, in relation to relevant information, means the prescribed period beginning after the date on which the checker received confirmation from the Commission, in response to the checker’s application to the Commission under section 40(2), that a Singapore telephone number is not listed in the relevant register.
A person does not contravene subsection (1) if the subscriber or user of the Singapore telephone number to which a specified message is sent —
subscriber
“subscriber”, in relation to a Singapore telephone number, means the subscriber of the telecommunications service to which the Singapore telephone number is allocated;
gave clear and unambiguous consent to the sending of the specified message to that Singapore telephone number; and
the consent is evidenced in written or other form so as to be accessible for subsequent reference.
For the purposes of this section and section 43A —
where there is only one register kept or maintained under section 39, the relevant register refers to that register; and
where there are 2 or more registers kept or maintained under section 39 for different types of specified messages, the relevant register refers to the register relevant for the particular type of specified message.