Personal Data Protection (Do Not Call Registry) Regulations 2013

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 —

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 —

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 —

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).

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 —

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 —

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 —

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.

The Commission may —

Any removal, reinstatement or correction, as the case may be, under paragraph (1) shall take effect from —

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 —

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 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 —

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.

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 —

Every application for registration under regulation 8(1) shall be accompanied by —

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 interest shall be payable in respect of any amount that is refunded under paragraph (9).

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 —

Subject to regulation 14(2), a registered telecommunications service provider when submitting a report to the Commission under section 42(1) of the Act shall comply with the following requirements:

In the case of any Singapore telephone number terminated during the period from 1st December 2013 to 31st January 2014 (both dates inclusive), the registered telecommunications service provider of the telephone service associated with the telephone number shall submit the report referred to in paragraph (1) not later than 15th February 2014.

In the event of unavailability of the electronic facility referred to in paragraph (1)(a), whether due to maintenance, malfunction, failure or any other cause, the report referred to in paragraph (1) shall be submitted in such other form and manner as the Commission may require.

For the purposes of section 42(5) of the Act and subject to paragraph (2), the Commission shall pay to a registered telecommunications service provider that submits a report under regulation 13 containing the number of terminated Singapore telephone numbers specified in the first column of the Third Schedule shall be the fee specified opposite in the second column.

If a registered telecommunications service provider submits 2 or more reports in a month, the reports shall, for the purposes of determining the fee payable under paragraph (1), collectively be considered to be a single report.

A period expressed in days, months or years after, from or before the happening of an event or the doing of any act or thing shall exclude the day on which the event happens or the act or thing is done.

A period expressed in months or years shall end with the expiry of whichever day in the last month or year is the same day of the month or year as the day on which the event or the act or thing after or from which the period is to be calculated happens or is done.

If, in a period expressed in months or years, the day on which it should expire does not occur in the last month of that period, the period shall end with the expiry of the last day of that month.

If the last day of a period expressed in months or years is a Saturday, Sunday or public holiday, the period shall include the next following day not being a Saturday, Sunday or public holiday.

The Commission may, with the approval of the Minister, waive any fee or part thereof payable under these Regulations.

A waiver granted under paragraph (1) may be notified in writing to the person concerned, and need not be published in the Gazette.