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
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