Personal Data Protection (Appeal) Regulations 2021

To appeal against an appealable decision, the Notice of Appeal and its accompanying documents mentioned in paragraph (2)(d) must be filed with the Secretary —

A Notice of Appeal must —

An appellant cannot raise or rely on any ground of appeal which is not stated in the appellant’s Notice of Appeal unless the appellant has permission to amend the Notice of Appeal under regulation 26 to include that ground.

The appellant in an appeal must serve by personal service on every other party to the appeal a copy of the Notice of Appeal.

After complying with paragraph (1), the appellant must file a Notice of Service with the Secretary confirming that every other party to the appeal has been served in accordance with that paragraph.

The Appeal Committee may summarily dismiss an appeal against an appealable decision and confirm the appealable decision at any stage in the appeal proceedings if —

Where the Appeal Committee dismisses an appeal under paragraph (1), the Appeal Committee may make such consequential order as the Appeal Committee thinks fit.

If the Commission receives, or has received, an application for reconsideration in accordance with section 48N(1) or (2) of the Act, the Commission must, without delay, notify the Secretary of the date on which the application for reconsideration was made.

When notified under paragraph (1), the Secretary must, without delay, inform the following parties and persons that the appeal is deemed to be withdrawn in accordance with section 48Q(3) of the Act with effect from the date on which the application for reconsideration was made:

Within 21 days after being served with a copy of the Notice of Appeal in accordance with regulation 4(1), the Commission must file with the Secretary the Commission’s Response and the accompanying documents mentioned in paragraph (4)(d).

Where the appellant is a complainant concerned in the appeal, any organisation or person concerned in the appeal that wishes to respond to the appeal must file with the Secretary, within 21 days after being served with a copy of the Notice of Appeal in accordance with regulation 4(1), its Response as co‑respondent, and the accompanying documents mentioned in paragraph (4)(d).

Where the appellant is an organisation or a person concerned in the appeal, any complainant concerned in the appeal that wishes to respond to the appeal must file with the Secretary, within 21 days after being served with a copy of the Notice of Appeal in accordance with regulation 4(1), the complainant’s Response as co‑respondent, and the accompanying documents mentioned in paragraph (4)(d).

A Response filed under paragraph (1), (2) or (3) must —

An appellant that wishes to reply to a Response by the Commission or by any co‑respondent must file with the Appeal Committee, within 21 days after being served with a copy of the Response in accordance with regulation 9(1), a Reply, and its accompanying documents mentioned in paragraph (2)(c).

A Reply filed under paragraph (1) must —

The party filing a Response to a Notice of Appeal must, within 21 days after being served with a copy of the Notice of Appeal in accordance with regulation 4(1), serve by personal service on every other party to the appeal a copy of —

The party filing a Reply to a Response must, within 21 days after being served with a copy of the Response in accordance with paragraph (1), serve by personal service on every other party to the appeal a copy of —

After complying with paragraph (1) or (2), the party filing the Response or Reply (as the case may be) must file a Notice of Service with the Secretary confirming that every other party to the appeal has been served in accordance with paragraph (1) or (2), as the case may be.

An Appeal Committee’s meetings for any purpose under these Regulations are to be held at the times and places determined in accordance with paragraph 3(5) of the Seventh Schedule to the Act.

An Appeal Committee may, on the Appeal Committee’s own initiative or on the application of any party to an appeal it is constituted to hear, postpone or adjourn any meeting or hearing, on any terms that the Appeal Committee thinks fit.

The Secretary must notify all parties to an appeal of the time and place of each hearing of the appeal.

An Appeal Committee may, on the Appeal Committee’s own initiative or on the application of any party to an appeal it is constituted to hear, direct the parties to attend a pre‑hearing conference before the Appeal Committee.

For the just, expeditious and economical disposal of an appeal it is constituted to hear, an Appeal Committee may give orders or directions to any party to the appeal, at a pre‑hearing conference mentioned in paragraph (1) or by letter served on that party.

If any party fails to comply with these Regulations or any order or direction made under these Regulations, the Appeal Committee may draw any reasonable inference from the failure and proceed with the determination or hearing of the appeal.

Subject to paragraphs (2) and (3), an Appeal Committee may at any time, on the application of a party to an appeal or of the Appeal Committee’s own initiative, issue a summons requiring any person in Singapore to do either or both of the following:

An application for the issue of a summons under this regulation must be filed with the Secretary with the appropriate fee specified in the Schedule, and state —

A person is not required to attend in compliance with a summons under this regulation unless that person —

A hearing must not be held in public unless the Appeal Committee is satisfied that it is in the public interest to do so.

Even if a hearing is held in public, the Appeal Committee may still direct any evidence to be heard in private or recorded without being made available to the public.

The Appeal Committee may exclude any co‑respondent to the appeal from any part of a hearing if the Appeal Committee is satisfied that it is necessary to do so to protect the confidential information of any other co‑respondent to the appeal.

The Appeal Committee may give such directions as the Appeal Committee considers necessary to protect the confidentiality of any information or document relating to any appeal proceedings.

A person who publishes or discloses any information or document in contravention of a direction of the Appeal Committee under paragraph (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

In any appeal, an Appeal Committee —

The appellant cannot on appeal tender any evidence that the Commission did not have at the time when the Commission made the appealable decision, unless the Appeal Committee is satisfied that —

If an appellant fails to appear at the hearing of the appeal, the Appeal Committee may, if satisfied that the appellant was duly notified of the hearing date, treat the appeal by that appellant as withdrawn.

The Appeal Committee hearing an appeal may confirm, vary or set aside the appealable decision and, in particular, may make any direction or decision under section 48Q(5) of the Act.

Where the Appeal Committee determines an appeal or an application related to the appeal, or where an appeal or an application related to the appeal is withdrawn, the Appeal Committee may make such consequential orders as the Appeal Committee thinks fit.

The Appeal Committee may, if the Appeal Committee wishes to prepare and certify the written grounds of its direction or decision made under section 48Q(5) of the Act, do so at the time of recording its direction or decision.

An appellant may, with the permission of the Appeal Committee, withdraw the appeal or any related application.

Where the Appeal Committee grants permission under paragraph (1), the Appeal Committee may do so on such terms or conditions as the Appeal Committee thinks fit.

The Appeal Committee may, in the Appeal Committee’s discretion, award costs in relation to any appeal or related application.

The power to award costs under paragraph (1) includes the power to direct an appellant to pay the costs of the Commission, the co‑respondents and the Appeal Committee incurred up to the time the appeal or application is dismissed or withdrawn (as the case may be), where the appellant’s appeal or related application is —

An official record is to be made of every hearing, consisting of the following:

Any party may apply for a copy or a transcript of the official record of hearing on payment of such fees as the Chairman may determine.

An application for a copy of the official record of hearing must be accompanied by the reasons for the application.

The Chairman may, in approving an application under paragraph (3), impose such conditions or make or give such orders or directions in relation to the release and use of the copy of the audio recording as the Chairman thinks fit.

The authenticity of a transcript of the official record of hearing is to be certified in such manner as the Chairman may determine.

Every official record of hearing must be kept for a period of 5 years.

Every application made to, and every document filed with, sent to, served on or issued by, the Chairman, an Appeal Committee or the Secretary under these Regulations must be in such form as the Chairman may approve and cause to be published on the Ministry of Digital Development and Information’s website.

Unless otherwise required, all particulars to be inserted in a form must be in the English language.

All forms must be completed in accordance with such directions as may be specified in that form or by the Chairman.

The Chairman may modify any such form from time to time or in any particular case.

Where strict compliance with a form is not possible, the Chairman or the Appeal Committee may allow that form to be complied with in such other manner as the Chairman or the Appeal Committee (as the case may be) thinks fit.

Unless the Chairman otherwise directs, any document to be filed with, sent to or served on the Chairman, an Appeal Committee or the Secretary in connection with an appeal must be addressed to the Secretary to the Data Protection Appeal Panel and —

Regulations 23 and 24 do not apply where a document is to be filed with, sent to or served on the Chairman, an Appeal Committee or the Secretary in connection with an appeal.

The Chairman, an Appeal Committee or the Secretary may refuse to accept any document mentioned in paragraph (1) if the document or its manner of filing, sending or service does not comply with any requirement under the Act or these Regulations.

Any person who files an application with the Chairman or the Appeal Committee under these Regulations must, unless the Chairman or the Appeal Committee (as the case may be) directs otherwise —

On the application of a person required to serve any documents on another party to the appeal, the Commission may provide to that person the contact details of that other party to facilitate such service of documents.

Unless any provision of these Regulations or the Appeal Committee requires the document to be served personally, any document required to be sent to or served on any person for the purposes of any appeal proceedings may be —

For the purposes of paragraph (1), a person’s appropriate address is —

Service of a document under paragraph (1) on the person to whom the document is addressed takes effect —

If the Appeal Committee is satisfied that the interests of justice require the service of a document in any other manner, the Appeal Committee may, on the request of the person serving the document or of the Appeal Committee’s own initiative, make an order —

The Appeal Committee may dispense with service of a document for the purposes of any appeal proceedings if the interests of justice so require.

Where any provision of these Regulations or an Appeal Committee requires a document to be served personally for the purposes of any appeal proceedings, personal service of the document may be effected —

Where the person to be served is a corporation (including a limited liability partnership) or an unincorporated association (other than a partnership), paragraph (1)(a) is satisfied if the document is left with an officer of the corporation or unincorporated association (as the case may be) at its registered or principal office for the time being.

Where the person to be served is a partnership, paragraph (1)(a) is satisfied if the document is left with any partner for the time being.

If it appears to an Appeal Committee that it is impracticable for any reason to serve a document personally on a person, the Appeal Committee may, on the application of the party that is required to serve the document or of the Appeal Committee’s own initiative, make an order for substituted service of that document.

Substituted service of a document pursuant to an order made under paragraph (4) is effected by taking steps as directed by the Appeal Committee to bring that document to the notice of the person to be served.

For the purposes of paragraph (5), the steps which an Appeal Committee may direct to be taken for substituted service of a document to be effected include the use of any electronic means (including email or Internet transmission) that the Appeal Committee may specify.

The Secretary must at the request of an Appeal Committee, or may, at the request of any person serving a document, certify the steps taken to serve the document under these Regulations, including the date and manner of service.

Where the time specified by an Appeal Committee or these Regulations for doing any act expires on a day other than a working day, the act is in time if done on the next working day.

An Appeal Committee may, subject to paragraph (3) and on the application of the person seeking the extension, extend on any terms and conditions the time delimited for doing anything under these Regulations or in any order or direction of the Appeal Committee, even if the application for the extension is made after the time delimited has expired.

The period for filing a Notice of Appeal may be extended under paragraph (2) only if an Appeal Committee is satisfied that it is just to do so by reason of exceptional circumstances in the particular case.

A party to an appeal may apply to the Appeal Committee to amend any Notice of Appeal, Response or Reply filed by that party.

The Appeal Committee may, if the Appeal Committee is satisfied that it is just to do so, permit the Notice of Appeal, Response or Reply (as the case may be) to be amended on any terms and in such manner as the Appeal Committee thinks fit.

Permission to amend a Notice of Appeal in order to add a new ground of appeal is not to be granted under paragraph (2) unless the Appeal Committee is satisfied that —

Where an application to amend a Notice of Appeal, a Response or a Reply is filed under paragraph (1) —

Unless otherwise provided by the Act, a failure to comply with any provision of these Regulations or any order or direction of an Appeal Committee not affecting the merits of the case does not of itself render the proceedings void.

Where there has been any failure mentioned in paragraph (1) not affecting the merits of the case, an Appeal Committee may, on such terms as to costs or any other matters as the Appeal Committee thinks just —

Any error arising from an accidental slip or omission in any document recording the appeal proceedings, or any decision, order, direction or other document issued in an appeal by the Appeal Committee, may be corrected by a certificate signed by —

Where 2 or more pending appeals involve the same organisation or person (whether as the appellant or as the organisation or person concerned in the appeals) or the same or similar issues, the Appeal Committee constituted to hear those appeals or the Chairman may at any time, on the request of any party to such an appeal or on the initiative of the Appeal Committee or the Chairman (as the case may be), direct that the appeals or any issue raised in the appeals be consolidated or heard together.

Before a direction under paragraph (1) is made, all parties to the appeals are entitled to make their submissions on the proposal to consolidate their respective appeals or to hear the appeals together, as the case may be.

Where any appeals or issues have been consolidated under paragraph (1), the Appeal Committee hearing the consolidated appeals or issues may —

The Chairman may publish any direction or decision in an appeal or other information relating to an appeal in such manner as the Chairman may decide.

Where the Chairman, Appeal Committee or Secretary is required or permitted to provide any information or document under these Regulations, the Chairman, Appeal Committee or Secretary (as the case may be) may do so in summary or in a redacted form as the Chairman, Appeal Committee or Secretary (as the case may be) thinks fit.

The fees payable in relation to an appeal are specified in the Schedule.

The fee payable under these Regulations for an application or the provision or filing of a document must be paid to the Secretary, in such manner as the Chairman may direct, at the time that the application is made or the document is provided or filed, as the case may be.

Where the cheque or authorisation for the payment of any fee payable under these Regulations for an application or the provision or filing of a document is dishonoured and such payment is not received within 7 days after that, that application or document is deemed not to have been made or filed.

If an appeal is deemed withdrawn under section 48Q(3) of the Act because of an application for reconsideration by any person, the Permanent Secretary, Ministry of Digital Development and Information, may refund the whole or a part of the fee specified in item 1 of the Schedule paid by the appellant (not being the person that applied for the reconsideration) in respect of the appeal deemed to be withdrawn.