Singapore legislation

Regulation 7

of Personal Data Protection Regulations 2021

Regulation 7

Fees

Subregulation 1

Subject to section 28 of the Act as in force immediately before 1 February 2021 or section 48H of the Act (as the case may be), an organisation may charge an applicant who makes a request to it under section 21(1) of the Act a reasonable fee for services provided to the applicant to enable the organisation to respond to the applicant’s request.

Subregulation 2

An organisation must not charge a fee to respond to the applicant’s request under section 21(1) of the Act unless the organisation has —

(a)

provided the applicant with a written estimate of the fee; and

(b)

if the organisation wishes to charge a fee that is higher than the written estimate provided under sub‑paragraph (a), notified the applicant in writing of the higher fee.

Subregulation 3

An organisation does not have to respond to an applicant’s request under section 21(1) of the Act unless the applicant agrees to pay the following fee:

(a)

where the organisation has notified the applicant of a higher fee under paragraph (2)(b) —

(i)

if the Commission —

(A)

has reviewed the higher fee under section 28(1) of the Act as in force immediately before 1 February 2021, the fee allowed by the Commission under section 28(2) of the Act as in force immediately before that date; or

(B)

has reviewed the higher fee under section 48H(1) of the Act, the fee allowed by the Commission under section 48H(2) of the Act; or

(ii)

if sub‑paragraph (i) does not apply, the higher fee notified under paragraph (2)(b);

(b)

where sub‑paragraph (a) does not apply and the organisation has provided the applicant with an estimated fee under paragraph (2)(a) —

(i)

if the Commission —

(A)

has reviewed the estimated fee under section 28(1) of the Act as in force immediately before 1 February 2021, the fee allowed by the Commission under section 28(2) of the Act as in force immediately before that date; or

(B)

has reviewed the estimated fee under section 48H(1) of the Act, the fee allowed by the Commission under section 48H(2) of the Act; or

(ii)

if sub‑paragraph (i) does not apply, the estimated fee provided under paragraph (2)(a).

Subregulation 4

To avoid doubt, an organisation must not charge the applicant any fee to comply with its obligations under section 22(2) of the Act.