Subsidiary Legislation · As enacted
Personal Data Protection (Do Not Call Registry) Regulations 2013
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reg 3Application by subscriber to add or remove Singapore telephone number
Subject to paragraph (3) and regulation 6, an application by a subscriber under section 40(1) of the Act to add his Singapore telephone number to a register or to remove his Singapore telephone number from a register, as the case may be (referred to in this Part as a subscriber registration application) shall be made —
by making a voice call to the relevant telephone number using the relevant telecommunication service;
by sending an SMS message to the relevant telephone number using the relevant telecommunication service; or
by submitting the application online at the specified website and confirming the application by making a voice call or sending an SMS, as the case may be, to the relevant telephone number using the relevant telecommunication service,and in accordance with such other instructions as may be issued by the Commission, from time to time, at the specified website.
A subscriber making a subscriber registration application in the manner referred to in paragraph (1)(a) or (b) shall not, at any time while the subscriber registration application is being made —
conceal or withhold his calling line identity; or
cause his calling line identity to be concealed or withheld.
In the event that the relevant telephone number or the specified website is unavailable, whether due to maintenance, malfunction, failure or any other cause, a subscriber shall make the subscriber registration application —
in the case where the relevant telephone number is unavailable, in accordance with paragraph (1)(c); or
in the case where the specified website is unavailable, in accordance with paragraph (1)(a) or (b).
A subscriber registration application referred to in paragraph (1)(c) shall be made in the form prescribed at the specified website for such application.
The Commission may reject any subscriber registration application which is not made in accordance with this regulation or regulation 6(1).
Subregulation 1
Subject to paragraph (3) and regulation 6, an application by a subscriber under section 40(1) of the Act to add his Singapore telephone number to a register or to remove his Singapore telephone number from a register, as the case may be (referred to in this Part as a subscriber registration application) shall be made —
by making a voice call to the relevant telephone number using the relevant telecommunication service;
by sending an SMS message to the relevant telephone number using the relevant telecommunication service; or
by submitting the application online at the specified website and confirming the application by making a voice call or sending an SMS, as the case may be, to the relevant telephone number using the relevant telecommunication service,and in accordance with such other instructions as may be issued by the Commission, from time to time, at the specified website.
Subregulation 2
A subscriber making a subscriber registration application in the manner referred to in paragraph (1)(a) or (b) shall not, at any time while the subscriber registration application is being made —
conceal or withhold his calling line identity; or
cause his calling line identity to be concealed or withheld.
Subregulation 3
In the event that the relevant telephone number or the specified website is unavailable, whether due to maintenance, malfunction, failure or any other cause, a subscriber shall make the subscriber registration application —
in the case where the relevant telephone number is unavailable, in accordance with paragraph (1)(c); or
in the case where the specified website is unavailable, in accordance with paragraph (1)(a) or (b).
Subregulation 4
A subscriber registration application referred to in paragraph (1)(c) shall be made in the form prescribed at the specified website for such application.
Subregulation 5
The Commission may reject any subscriber registration application which is not made in accordance with this regulation or regulation 6(1).
reg 4Effective date of addition or removal
If a subscriber registration application to add a Singapore telephone number to a register or to remove a Singapore telephone number from a register, as the case may be, is made in accordance with regulation 3, the Singapore telephone number shall be added to or removed from the register, as the case may be, with effect from —
the date on which the application is made; or
such other date as the Commission may determine,whichever is the later.
reg 5Application by subscriber to confirm listing in register
Subject to regulation 6, an application by a subscriber under section 40(2) of the Act to confirm whether his Singapore telephone number is listed in a register (referred to in these Regulations as a subscriber confirmation application) shall be made —
by making a voice call to the relevant telephone number using the relevant telecommunication service;
by sending an SMS message to the relevant telephone number using the relevant telecommunication service; or
by submitting the application online at the specified website and confirming the application by making a voice call or sending an SMS, as the case may be, to the relevant telephone number using the relevant telecommunication service,and in accordance with such other instructions as may be issued by the Commission, from time to time, at the specified website.
A subscriber making a subscriber confirmation application in the manner referred to in paragraph (1)(a) or (b) shall not, at any time while the subscriber confirmation application is being made —
conceal or withhold his calling line identity; or
cause his calling line identity to be concealed or withheld.
Subregulation 1
Subject to regulation 6, an application by a subscriber under section 40(2) of the Act to confirm whether his Singapore telephone number is listed in a register (referred to in these Regulations as a subscriber confirmation application) shall be made —
by making a voice call to the relevant telephone number using the relevant telecommunication service;
by sending an SMS message to the relevant telephone number using the relevant telecommunication service; or
by submitting the application online at the specified website and confirming the application by making a voice call or sending an SMS, as the case may be, to the relevant telephone number using the relevant telecommunication service,and in accordance with such other instructions as may be issued by the Commission, from time to time, at the specified website.
Subregulation 2
A subscriber making a subscriber confirmation application in the manner referred to in paragraph (1)(a) or (b) shall not, at any time while the subscriber confirmation application is being made —
conceal or withhold his calling line identity; or
cause his calling line identity to be concealed or withheld.
reg 6Application by or on behalf of subscriber
Subject to paragraph (2), a subscriber registration application under regulation 3 or a subscriber confirmation application under regulation 5, as the case may be, in respect of a Singapore telephone number shall be made —
where the subscriber of the relevant telecommunication service is an individual —
by that individual; or (ii)by any other individual who is authorised by the subscriber to make the application on his behalf; or
where the subscriber of the relevant telecommunication service is an organisation, by any individual who is authorised by the organisation to make the application on its behalf.
For the purposes of this Part, an application in respect of a Singapore telephone number made under regulation 3 or 5 by any person using the relevant telecommunication service shall be treated as an application made by or under the authority of the subscriber of the relevant telecommunication service.
Subregulation 1
Subject to paragraph (2), a subscriber registration application under regulation 3 or a subscriber confirmation application under regulation 5, as the case may be, in respect of a Singapore telephone number shall be made —
where the subscriber of the relevant telecommunication service is an individual —
by that individual; or (ii)by any other individual who is authorised by the subscriber to make the application on his behalf; or
where the subscriber of the relevant telecommunication service is an organisation, by any individual who is authorised by the organisation to make the application on its behalf.
Subregulation 2
For the purposes of this Part, an application in respect of a Singapore telephone number made under regulation 3 or 5 by any person using the relevant telecommunication service shall be treated as an application made by or under the authority of the subscriber of the relevant telecommunication service.
reg 7Correction or alteration of register
The Commission may —
where it is satisfied that a subscriber registration application to add a Singapore telephone number to a register or to remove a Singapore telephone number from a register, as the case may be, is not made in accordance with regulation 3 or 6(1), remove that number from the register or reinstate that number to the register, as the case may be;
where a terminated Singapore telephone number is reported to the Commission under section 42 of the Act, remove that number from the register in which it is listed; and
correct any entry in a register which is attributable wholly or in part to an error, a default or an omission on the part of the Commission.
Any removal, reinstatement or correction, as the case may be, under paragraph (1) shall take effect from —
the date on which the removal, reinstatement or correction, as the case may be, is made by the Commission; or
such other date as the Commission may determine,whichever is the later.
Subregulation 1
The Commission may —
where it is satisfied that a subscriber registration application to add a Singapore telephone number to a register or to remove a Singapore telephone number from a register, as the case may be, is not made in accordance with regulation 3 or 6(1), remove that number from the register or reinstate that number to the register, as the case may be;
where a terminated Singapore telephone number is reported to the Commission under section 42 of the Act, remove that number from the register in which it is listed; and
correct any entry in a register which is attributable wholly or in part to an error, a default or an omission on the part of the Commission.
Subregulation 2
Any removal, reinstatement or correction, as the case may be, under paragraph (1) shall take effect from —
the date on which the removal, reinstatement or correction, as the case may be, is made by the Commission; or
such other date as the Commission may determine,whichever is the later.
reg 8Registration before applying to check register
Subject to paragraph (2), a person (other than the subscriber referred to in regulation 5(1)) who intends to apply to the Commission under section 40(2) of the Act to confirm whether a Singapore telephone number is listed in a register shall, before making the application —
register with the Commission in such form and manner as the Commission may require, using the electronic registration service provided by the Commission at the specified website; and
submit to the Commission such information and documents as the Commission may require in connection with the registration.
Paragraph (1) shall not apply to a subscriber confirmation application under regulation 5 made by or on behalf of a subscriber in accordance with regulation 6(1).
In the event of unavailability of the Commission’s electronic registration service referred to in paragraph (1)(a), whether due to maintenance, malfunction, failure or any other cause, the person shall register with the Commission in such other form and manner as the Commission may require.
A person registered with the Commission under paragraph (1) shall notify the Commission, in such form and manner as the Commission may require, of any change or inaccuracy in the person’s particulars and any other information or document submitted to the Commission under paragraph (1)(b).
The registration of a person under the electronic registration service referred to in paragraph (1)(a) shall be subject to such verification of the person’s identity as the Commission may require.
Subject to paragraph (9), the Commission may suspend the registration of a person under paragraph (1)(a) where the person has not submitted any application under section 40(2) of the Act during a continuous period of not less than 12 months after —
the date of the person’s registration under paragraph (1)(a); or
the date of the person’s last application under section 40(2) of the Act.
The Commission may, on the application of a person in such form and manner as the Commission may require, lift the suspension of the person’s registration under paragraph (6).
The Commission may cancel the registration of a person under paragraph (1)(a) if the person —
applies for the cancellation of the registration in such form and manner as the Commission may require;
subject to paragraph (9), has submitted any incorrect or incomplete information or document under paragraph (1)(b) or has not notified the Commission of any change or inaccuracy in the person’s particulars or other information or document submitted under paragraph (1)(b);
subject to paragraph (9), has not submitted any application under section 40(2) of the Act for a continuous period of not less than 3 years after —
the date of the person’s registration under paragraph (1)(a); or
the date of the person’s last application under section 40(2) of the Act;
being a person carrying on a business in Singapore, ceases to carry on that business and the registration of that business under the Business Registration Act (Cap. 32) is cancelled; or
being a company incorporated under the Companies Act (Cap. 50) or a limited liability partnership registered under the Limited Liability Partnerships Act (Cap. 163A), is wound up under the Companies Act or the Limited Liability Partnerships Act, as the case may be.
Where the Commission intends to suspend the registration of a person under paragraph (6) or cancel the registration of a person under paragraph (8)(b) or (c), as the case may be, the Commission shall give the person notice in writing of its intention to do so and an opportunity to make representations with regard to the proposed suspension or cancellation within such time as may be specified in the notice.
If the Commission decides to suspend the registration of a person under paragraph (6) or cancel the registration of a person under paragraph (8)(b) or (c), as the case may be, the Commission shall notify the person in writing of the date on which the suspension or cancellation is to take effect.
Subregulation 1
Subject to paragraph (2), a person (other than the subscriber referred to in regulation 5(1)) who intends to apply to the Commission under section 40(2) of the Act to confirm whether a Singapore telephone number is listed in a register shall, before making the application —
register with the Commission in such form and manner as the Commission may require, using the electronic registration service provided by the Commission at the specified website; and
submit to the Commission such information and documents as the Commission may require in connection with the registration.
Subregulation 2
Paragraph (1) shall not apply to a subscriber confirmation application under regulation 5 made by or on behalf of a subscriber in accordance with regulation 6(1).
Subregulation 3
In the event of unavailability of the Commission’s electronic registration service referred to in paragraph (1)(a), whether due to maintenance, malfunction, failure or any other cause, the person shall register with the Commission in such other form and manner as the Commission may require.
Subregulation 4
A person registered with the Commission under paragraph (1) shall notify the Commission, in such form and manner as the Commission may require, of any change or inaccuracy in the person’s particulars and any other information or document submitted to the Commission under paragraph (1)(b).
Subregulation 5
The registration of a person under the electronic registration service referred to in paragraph (1)(a) shall be subject to such verification of the person’s identity as the Commission may require.
Subregulation 6
Subject to paragraph (9), the Commission may suspend the registration of a person under paragraph (1)(a) where the person has not submitted any application under section 40(2) of the Act during a continuous period of not less than 12 months after —
the date of the person’s registration under paragraph (1)(a); or
the date of the person’s last application under section 40(2) of the Act.
Subregulation 7
The Commission may, on the application of a person in such form and manner as the Commission may require, lift the suspension of the person’s registration under paragraph (6).
Subregulation 8
The Commission may cancel the registration of a person under paragraph (1)(a) if the person —
applies for the cancellation of the registration in such form and manner as the Commission may require;
subject to paragraph (9), has submitted any incorrect or incomplete information or document under paragraph (1)(b) or has not notified the Commission of any change or inaccuracy in the person’s particulars or other information or document submitted under paragraph (1)(b);
subject to paragraph (9), has not submitted any application under section 40(2) of the Act for a continuous period of not less than 3 years after —
the date of the person’s registration under paragraph (1)(a); or
the date of the person’s last application under section 40(2) of the Act;
being a person carrying on a business in Singapore, ceases to carry on that business and the registration of that business under the Business Registration Act (Cap. 32) is cancelled; or
being a company incorporated under the Companies Act (Cap. 50) or a limited liability partnership registered under the Limited Liability Partnerships Act (Cap. 163A), is wound up under the Companies Act or the Limited Liability Partnerships Act, as the case may be.
Subregulation 9
Where the Commission intends to suspend the registration of a person under paragraph (6) or cancel the registration of a person under paragraph (8)(b) or (c), as the case may be, the Commission shall give the person notice in writing of its intention to do so and an opportunity to make representations with regard to the proposed suspension or cancellation within such time as may be specified in the notice.
Subregulation 10
If the Commission decides to suspend the registration of a person under paragraph (6) or cancel the registration of a person under paragraph (8)(b) or (c), as the case may be, the Commission shall notify the person in writing of the date on which the suspension or cancellation is to take effect.
reg 9Application to check Do Not Call Registers
Subject to paragraph (2), a registered person shall make an application under section 40(2) of the Act using the electronic application service provided by the Commission at the specified website or such other online location as the Commission may notify, from time to time, to the registered person at the specified website.
A registered person’s use of the Commission’s electronic application service is subject to such verification of identity of the registered person as the Commission may require.
In this regulation, “registered person” means a person —
who is registered with the Commission under regulation 8(1); and
whose registration is not suspended under regulation 8(6) or cancelled under regulation 8(8).
Subregulation 1
Subject to paragraph (2), a registered person shall make an application under section 40(2) of the Act using the electronic application service provided by the Commission at the specified website or such other online location as the Commission may notify, from time to time, to the registered person at the specified website.
Subregulation 2
A registered person’s use of the Commission’s electronic application service is subject to such verification of identity of the registered person as the Commission may require.
Subregulation 3
In this regulation, “registered person” means a person —
who is registered with the Commission under regulation 8(1); and
whose registration is not suspended under regulation 8(6) or cancelled under regulation 8(8).
reg 10Fees
Every application for registration under regulation 8(1) shall be accompanied by —
the registration fee specified in the First Schedule; and
where the person is required by the Commission to submit a document verifying the person’s identity under regulation 8(5), the processing fee specified in the First Schedule.
Subject to paragraph (3), every application under regulation 9(1) shall be accompanied by the application fee specified in the First Schedule.
The fee payable by a registered person for an application under regulation 9(1) may be paid in advance to the Commission (referred to in this regulation as the advance amount) and such advance amount shall be the amount specified in the Second Schedule corresponding to the number of Singapore telephone numbers that the registered person intends to check.
The fee or an advance amount referred to in paragraph (1), (2) or (3) shall be paid to the Commission in such manner as the Commission may require.
Subject to paragraphs (6) and (7), the application fee payable by a person under paragraph (2) may be deducted from the advance amount, if any, paid by the person under paragraph (3).
Where a person has paid 2 or more advance amounts under paragraph (3), a deduction under paragraph (5) shall be made from the advance amount first paid and if that advance amount is insufficient to pay the application fee, from the other advance amounts in the order that they were paid to the Commission.
Where the advance amounts paid by a person under paragraph (3) are insufficient to pay the application fee, the person shall pay the application fee in the manner directed by the Commission.
Subject to paragraph (9), any fee paid under paragraph (1) or (2) or any advance amount paid under paragraph (3) shall not be refundable, in whole or in part.
The Commission shall refund the unutilised portion of the advance amount (or part thereof, rounded down to the nearest one cent) paid by a person under paragraph (3) if —
no application is submitted by the person under regulation 9(1) during a continuous period of 3 years after the advance amount is paid;
the person’s registration is cancelled under regulation 8(8); or
the person applies for a refund in such form and manner as the Commission may require.
No interest shall be payable in respect of any amount that is refunded under paragraph (9).
Subregulation 1
Every application for registration under regulation 8(1) shall be accompanied by —
the registration fee specified in the First Schedule; and
where the person is required by the Commission to submit a document verifying the person’s identity under regulation 8(5), the processing fee specified in the First Schedule.
Subregulation 2
Subject to paragraph (3), every application under regulation 9(1) shall be accompanied by the application fee specified in the First Schedule.
Subregulation 3
The fee payable by a registered person for an application under regulation 9(1) may be paid in advance to the Commission (referred to in this regulation as the advance amount) and such advance amount shall be the amount specified in the Second Schedule corresponding to the number of Singapore telephone numbers that the registered person intends to check.
Subregulation 4
The fee or an advance amount referred to in paragraph (1), (2) or (3) shall be paid to the Commission in such manner as the Commission may require.
Subregulation 5
Subject to paragraphs (6) and (7), the application fee payable by a person under paragraph (2) may be deducted from the advance amount, if any, paid by the person under paragraph (3).
Subregulation 6
Where a person has paid 2 or more advance amounts under paragraph (3), a deduction under paragraph (5) shall be made from the advance amount first paid and if that advance amount is insufficient to pay the application fee, from the other advance amounts in the order that they were paid to the Commission.
Subregulation 7
Where the advance amounts paid by a person under paragraph (3) are insufficient to pay the application fee, the person shall pay the application fee in the manner directed by the Commission.
Subregulation 8
Subject to paragraph (9), any fee paid under paragraph (1) or (2) or any advance amount paid under paragraph (3) shall not be refundable, in whole or in part.
Subregulation 9
The Commission shall refund the unutilised portion of the advance amount (or part thereof, rounded down to the nearest one cent) paid by a person under paragraph (3) if —
no application is submitted by the person under regulation 9(1) during a continuous period of 3 years after the advance amount is paid;
the person’s registration is cancelled under regulation 8(8); or
the person applies for a refund in such form and manner as the Commission may require.
Subregulation 10
No interest shall be payable in respect of any amount that is refunded under paragraph (9).
reg 12Registration of telecommunications service providers
For the purpose of section 42 of the Act, every telecommunications service provider before submitting its first report under regulation 13 shall register and maintain such registration with the Commission (referred to in this Part as a registered telecommunications service provider) in such form and manner as the Commission may require.
A registered telecommunications service provider shall notify the Commission, in such form and manner as the Commission may require, of any change or inaccuracy in its particulars and any other information submitted to the Commission in connection with its registration.
The Commission may cancel the registration of a registered telecommunications service provider if the telecommunications service provider —
notifies the Commission in such form and manner as the Commission may require that it has ceased to be licensed under the Telecommunications Act (Cap. 323) to provide any telecommunication service to which Singapore telephone numbers are allocated;
being a person carrying on a business as a telecommunications service provider in Singapore, ceases to carry on that business and the registration of that business under the Business Registration Act (Cap. 32) is cancelled; or
being a company incorporated under the Companies Act (Cap. 50) or a limited liability partnership registered under the Limited Liability Partnerships Act (Cap. 163A), is wound up under the Companies Act or the Limited Liability Partnerships Act, as the case may be.
Subregulation 1
For the purpose of section 42 of the Act, every telecommunications service provider before submitting its first report under regulation 13 shall register and maintain such registration with the Commission (referred to in this Part as a registered telecommunications service provider) in such form and manner as the Commission may require.
Subregulation 2
A registered telecommunications service provider shall notify the Commission, in such form and manner as the Commission may require, of any change or inaccuracy in its particulars and any other information submitted to the Commission in connection with its registration.
Subregulation 3
The Commission may cancel the registration of a registered telecommunications service provider if the telecommunications service provider —
notifies the Commission in such form and manner as the Commission may require that it has ceased to be licensed under the Telecommunications Act (Cap. 323) to provide any telecommunication service to which Singapore telephone numbers are allocated;
being a person carrying on a business as a telecommunications service provider in Singapore, ceases to carry on that business and the registration of that business under the Business Registration Act (Cap. 32) is cancelled; or
being a company incorporated under the Companies Act (Cap. 50) or a limited liability partnership registered under the Limited Liability Partnerships Act (Cap. 163A), is wound up under the Companies Act or the Limited Liability Partnerships Act, as the case may be.