PERSONAL data refers to data about an individual who can be identified from that data, and includes a person's full name, NRIC number, signature, bank account number, mobile telephone number, medical records and so on.迷你倉 Such data can be used in a variety of ways. For example, transferring money from a person's bank account, making payments online and applying for a passport all require one's personal data.Advances in technology and the rise of e-commerce and social media have led to an increase in the processing of personal data in various economic and social activities, presenting complex technology challenges. The transfer and exchange of data across international boundaries have become easier and even necessary.This trend is expected to grow exponentially as the processing and analysis of large amounts of personal data become possible with increasingly sophisticated technology. Therefore, it is important to protect personal data while fostering the continued flow of information, advances in technology and electronic commerce.The Singapore Personal Data Protection Act (PDPA) came into effect on Jan 2 this year. It contains various rules governing the collection, use, disclosure and care of personal data. It recognises both the rights of individuals to protect their personal data, including rights of access and correction, and the needs of organisations to collect, use or disclose personal data for legitimate and reasonable purposes.The Do Not Call RegistryThe PDPA provides for the establishment of a national Do Not Call (DNC) Registry, which will begin on Jan 2 next year. The DNC Registry will allow individuals to register their Singapore telephone numbers to opt out of receiving marketing phone calls, mobile text messages such as SMS or MMS, and faxes from organisations. The DNC Registry does not cover foreign telephone numbers and e-mail addresses.Under the PDPA, organisations are required to check whether an individual's telephone number is registered with the DNC Registry before sending marketing messages to that individual. It is an offence for an organisation to send such messages to a number that is registered with the DNC Registry, unless the individual has given his clear and unambiguous consent for the organisation to do so.A failure to comply with this requirement is a criminal offence, which will attract a fine of up to $10,000 per breach.SMEs which engage in telemarketing activities should be aware of the requirements of the PDPA, and what they should do to ensure that their telemarketing activities comply with the PDPA.Registration by individualsAs the DNC Registry covers telephone calls, faxes and text messages, there will be three registers in total. Users and subscribers of a Singapore telephone number will be able to register a Singapore telephone number on one or more registers, depending on their preference in receiving unsolicited marketing messages.Therefore, if a person wishes to receive unsolicited marketing messages by SMS and not phone calls or faxes, then he can register his telephone number with just the No Voice Call and No Fax registers. A person can register his Singapore telephone number with the DNC Registry by calling a toll-free number, by sending an SMS or online through the DNC Registry website. Registration with the DNC Registry is free.Telephone numbers registered with the DNC Registry do not expire until the person de-registers, or when the person terminates his service subscription with the telecommunication service provide文件倉.Checking by organisationsIn order to check whether an individual's telephone number is registered with the DNC Registry, an organisation would need to set up an account with the DNC Registry. Registration for an account to access the DNC Registry is open to any organisation registered in Singapore that needs to conduct telemarketing activities. A small fee will be charged for account registration.Once registered, an organisation can check whether a telephone number has been registered with the DNC Registry by doing a "Small Number Lookup" online on the DNC Registry's website (up to 10 telephone numbers at a time), or by doing a "Bulk Upload" of a list of telephone numbers using a template provided on the DNC Registry website. The results of the checking will be available within 24 hours.Organisations can choose to either purchase pre-paid credits or pay the exact amount each time they submit the telephone numbers for checking (pay-per-use).The results of the checking are only valid for a specified period of time, and organisations will need to check with the DNC Registry again after the specified period to ensure that the telephone number has not been registered with the DNC Registry since the last time that the organisation conducted the check. It is currently proposed that the validity period of the results be 60 days for the messages sent during the first five months of DNC Registry's operations (that is, January to May 2014), and 30 days after the sixth month of DNC Registry's operations (that is, June 2014) onwards.ImpactThe PDPA will most certainly impact the way that SMEs carry out their marketing activities. Here are some of the measures that SMEs can adopt to comply with the PDPA if they wish to continue their telemarketing activities after Jan 2, 2014.Ensure that customers give their consent to receiving marketing messages: As a matter of good practice, SMEs should always obtain clear written consent from their customers for the company to send marketing messages to them. This can be done by way of consent forms completed by customers or written notices to customers. If such consent is obtained, then the company does not need to go through the time and expense of checking with the DNC Registry.Implement procedures for sending unsolicited messages to individuals: SMEs will have to invest more resources in their telemarketing activities. For example, the company will have to appoint a data protection officer to deal with data protection issues. Staff may need to be deployed to conduct checks with the DNC Registry. The company's marketing budget may also need to be increased to take into account the DNC Registry charges. It should be remembered that contravention of the DNC Prohibition is a criminal offence and will attract a fine. Thus, it is important that SMEs take compliance with the PDPA seriously and set aside sufficient resources to set up the necessary infrastructure and manpower.Targeted marketing: One potential benefit for SMEs from the implementation of the DNC Register is that it may help an SME focus its marketing efforts to willing recipients. This may result in more efficient marketing with a higher rate of successful responses.The writer is partner of technology media & telecommunications/competition at Rajah & TannThese reports first appeared in the July/August 2013 issue of The SME Magazine, a bi-monthly publication produced by The Business Times. Look out for the next information-packed issue, which comes free with a copy of BT, on Sept 4.存倉
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