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In brief

On 10 January 2022, the Singapore Ministry of Communications and Information (MCI) responded to a parliamentary question relating to the number of cases of unauthorised sales of consumers’ personal data that have been investigated over the last five years, and how many of those cases were successfully prosecuted by the Personal Data Protection Commission (PDPC).


Key takeaways

Over the last five years, the PDPC has investigated three cases of alleged data breaches involving unauthorised sales of personal data. 

Two companies were found to be in breach of the Personal Data Protection Act 2012 (No. 26 of 2012) for failing to notify and obtain consent from individuals before the sale of personal data to third parties for telemarketing purposes, and were fined SGD 48,000 (approx. USD 35,703) and SGD 6,000 (approx. USD 4,462) respectively. Apart from being fined, both companies were also directed to cease their actions and rectify their data protection practices.

No breach was found in the third case, which the PDPC investigated. The company was advised on how to improve its data collection practices and how to communicate its Privacy Policy to users more effectively. 

In conclusion, MCI stated that the PDPC takes a firm stance against the unauthorised sale of personal data to safeguard against harm to the public, including identity theft and unsolicited calls.

Organisations purchasing contact lists must carry out due diligence to ensure that the sale of personal data is authorised, and that the data is sufficiently accurate and updated for its purposes, or be prepared to face the consequences.

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Author

Andy Leck is the managing principal of Baker McKenzie.Wong & Leow. Mr. Leck is recognised by the world’s leading industry and legal publications as a leader in his field. Asian Legal Business notes that he “always gives good, quick advice, [is] client-focused and has strong technical knowledge for his areas of practice”. Alongside his current role as managing principal, Mr. Leck has held several leadership positions in the Firm and externally as a leading IP practitioner. He currently serves on the International Trademark Association's Board of Directors and is a member of the Singapore Copyright Tribunal.

Author

Ren Jun is an associate principal of Baker & McKenzie.Wong & Leow. Ren Jun extensively represents local and international intellectual property-intensive clients in both contentious and non-contentious IP matters, such as anti-counterfeiting; civil and criminal litigation; commercial issues; regulatory clearance; and advertising laws. Ren Jun also advises on a wide range of issues relating to the healthcare industries. These include regulatory compliance in respect of drugs, medical devices, clinical trials, health supplements and cosmetics; product liability and recall; and anti-corruption. Ren Jun is currently a member of the Firm's Asia Pacific Healthcare ASEAN Economic Community; Product Liability and Regulatory Sub-Committees.

Author

Arwen is a local principal in the Firm's Intellectual Property and Technology (IPTech) Practice Group in Singapore. She is a member of the Law Society of Scotland, and has been admitted to practice in Scotland since 2004. Arwen worked as an intellectual property and technology lawyer in the UK and Europe before relocating to Asia in 2014 and has since worked in both Singapore and Hong Kong, advising on matters across both Asia Pacific and Europe. Arwen is recognised in Legal 500 (2020) as "commercial, pragmatic and personable" for the TMT sector.