Personal Data Protection Act 2012 · 2020 Revised Edition · Part 10 · General
50. Powers of investigation
Feedback & supportLast amended by an amending law of 2020.
The Commission may, upon complaint or of its own motion, conduct an investigation under this section to determine whether or not an organisation or a person is complying with this Act, including a voluntary undertaking given by the organisation or person under section 48L(1).
Commission
“Commission” means the person designated as the Personal Data Protection Commission under section 5 to be responsible for the administration of this Act;
The powers of investigation under this section of the Commission and the inspectors are set out in the Ninth Schedule.
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;
The Commission may suspend, discontinue or refuse to conduct an investigation under this section if it thinks fit, including but not limited to any of the following circumstances:
the complainant has not complied with a direction under section 48G(2);
the parties involved in the matter have mutually agreed to settle the matter;
any party involved in the matter has commenced legal proceedings against another party in respect of any contravention or alleged contravention of this Act by the other party;
the Commission accepts a voluntary undertaking given by an organisation or a person under section 48L(1) in relation to the matter;
the Commission is of the opinion that the matter may be more appropriately investigated by another regulatory authority and has referred the matter to that authority;
the Commission is of the opinion that —
a complaint is frivolous or vexatious or is not made in good faith; or
any other circumstances warrant refusing to conduct, suspending or discontinuing the investigation.
To avoid doubt, despite subsection (3)(ca), the Commission may conduct or resume an investigation under this section at any time if an organisation or a person fails to comply with a voluntary undertaking given by the organisation or person under section 48L(1) in relation to any matter.
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;
An organisation must retain records relating to an investigation under this section for one year after the conclusion of the investigation or any longer period specified in writing by the Commission.