Singapore legislation
Regulation 8
Regulation 8
Preservation of copies of personal data
Subregulation 1
For the purposes of section 22A(1) of the Act, the prescribed period for the preservation of a copy of the personal data that an organisation has refused to provide is the period beginning immediately after the date of the organisation’s refusal and ending immediately after the relevant date.
Subregulation 2
In this regulation —
Definition
“date of refusal”, in relation to an organisation’s refusal, means the date on which the organisation notifies an individual of the organisation’s refusal;
Definition
“date of withdrawal” —
in relation to an application made by a complainant under section 48H(1) of the Act in relation to an organisation’s refusal, means the date on which the complainant withdraws the application or the Commission dismisses the application under the Personal Data Protection (Enforcement) Regulations 2021 (G.N. No. S 62/2021);
in relation to an application or appeal made by a complainant in relation to a decision or direction made by the Commission, means the date on which the complainant withdraws the application or appeal; or
in relation to an application or appeal made by an organisation in relation to a decision or direction made by the Commission, means the date of compliance by the organisation with the decision or direction;
Definition
“organisation’s refusal” means an organisation’s refusal to provide, pursuant to an individual’s request under section 21(1)(a) of the Act, the individual’s personal data in the possession or under the control of the organisation;
Definition
“relevant date”, in relation to an organisation’s refusal, means —
the 30th day after the date of refusal; or
where, on or before the day mentioned in paragraph (a) or while the personal data concerned in relation to the organisation’s refusal is in the possession or under the control of the organisation on or after that date, the organisation has notice of any of the following applications or appeals — the latest of the following dates applicable to those applications or appeals:
an application to the Commission under section 48H(1)(a) of the Act to review the organisation’s refusal — the date of withdrawal of the application or the 28th day after the Commission issues its decision or direction made under section 48H(2) of the Act in relation to the application;
an application for reconsideration made to the Commission under section 48N(1) of the Act in relation to the organisation’s refusal — the date of withdrawal of the application or the 28th day after the date of issue of the Commission’s decision made under section 48N(6)(b) of the Act in relation to the application;
an application under section 48N(5) of the Act to extend the prescribed period for an application for reconsideration in relation to the organisation’s refusal — the date of withdrawal or refusal of the application or the date of expiry of the extended period allowed for the application, if any;
an appeal under section 48Q(1) of the Act against the Commission’s decision or direction made under section 48H(2) of the Act or decision made under section 48N(6)(b) of the Act (as the case may be) in relation to the organisation’s refusal — the date of withdrawal of the appeal or the 28th day after the Appeal Committee hearing the appeal issues its direction or decision;
an appeal against, or with respect to, a direction or decision of the Appeal Committee mentioned in sub‑paragraph (iv) under section 48R of the Act — the date of withdrawal of the appeal or the date the General Division of the High Court or Court of Appeal (as the case may be) determines the appeal.