9/18/2019 Singapore | Global Network Initiative Guidelines”) that whilst the PDPA does not prescribe a specific retention period for personal data, organisations would need to comply with any legal or specific industry-standard requirements. The length of the retention of data, including communication data as it relates to personal data, would be determined when considering: • the purpose for which the personal data was collected; and • the legal or business purposes for retaining personal data. This may include situations as set out in the PDPA Guidelines where: – The personal data is required for an on-going legal action involving the organisation; – Retention of personal data is necessary in order to comply with the organisation’s obligations under applicable laws and regulations; or – The personal data is required for the organisation to carry out its business operations such as generating annual reports or performance forecasts. Under section 50(4) of the PDPA, an organisation is required to retain records of an investigation for one year after the conclusion of the investigation or any longer period specified in writing by the PDPC. Further investigatory powers of the PDPC are discussed in the Ninth Schedule of the PDPA. On retention, there is a time limit to the PDPC’s retention of any documents obtained under warrant. Section 3(12) of the Ninth Schedule only allows the retention of any document, by the PDPC or its inspectors, for a period of not more than 3 months. In addition to legislation, the common law, for instance the law of breach of confidence can offer indirect remedies for privacy breaches. National Security and Emergency Powers Law enforcement agencies in Singapore can and do request information from persons or organisations that will help in investigations into criminal cases. As discussed above, the TA goes further and allows control over telecommunication networks. Section 72 of the Organised Crime Act 2015 makes reference to the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act. These two acts confer production and search order powers on prosecutors and the https://clfr.globalnetworkinitiative.org/country/singapore/ 7/13

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