Singapore legislation
Regulation 16
Regulation 16
Exercise of rights under Act in respect of deceased individual
Subregulation 1
The persons specified in paragraph (2) may exercise all or any of the following rights in relation to section 24 of the Act or any provision of the Act relating to the disclosure of personal data, in respect of a deceased individual who has been dead for 10 years or fewer:
the right to give or withdraw any consent for the purposes of the Act;
the right to bring an action —
under section 32 of the Act as in force immediately before 1 February 2021 in respect of a contravention, before 1 February 2021, by an organisation of section 24 of the Act or other provision of the Act relating to the disclosure of personal data (as the case may be) as in force before that date; or
under section 48O of the Act in respect of a contravention, on or after 1 February 2021, by an organisation or a person of section 24 of the Act or other provision of the Act relating to the disclosure of personal data (as the case may be) as in force on or after that date;
the right to bring a complaint under the Act.
Subregulation 2
The following persons are specified for the purposes of paragraph (1):
a person appointed under the deceased individual’s will to exercise the right mentioned in paragraph (1) which is to be exercised or a personal representative of the deceased individual, unless the person or personal representative (as the case may be) has renounced the grant of such right;
if no person or personal representative mentioned in sub‑paragraph (a) is able to exercise such right or power, the deceased individual’s nearest relative determined in accordance with the First Schedule.
Subregulation 3
Subject to Part II of the Probate and Administration Act (Cap. 251) (if applicable), the renunciation of the grant of any right under paragraph (1) must be made expressly in writing.
Subregulation 4
Any notice or other communication to be given under the Act concerning any consent, action or complaint mentioned in paragraph (1) may be given to the person who may exercise the right related to that consent, action or complaint under that paragraph.
Subregulation 5
This regulation does not —
enable any person to exercise any right under paragraph (1) if that person is legally incapable of exercising such a right on that person’s own behalf; or
affect the authority of any person under any other law to exercise any right mentioned in paragraph (1).
Subregulation 6
A person does not cease to be a personal representative for the purposes of this regulation merely because that person has completed the administration of the deceased individual’s estate.