Module 6
Module 6
Step 1:
Step 2:
• Tutorial:
• Personal Data Protection Act (PDPA)
• Objectives of securing our personal data
• How PDPA works
• Applying PDPA to personal and work activities
• Protecting personal data online
• Monetary Authority of Singapore – Technology Risk Management
• Establish Sound and Robust Technology Risk Governance and
Oversight
• Maintain Cyber Resilience
• Activity:
• Case study on commission decisions on financial institutions
• 5% Annual Turnover
Directions by the PDPC to pay a financial • SGD $1 million
penalty of such amount not exceeding • Whichever is higher
S$1 million as the PDPC thinks fit
Under the Personal Data Protection Act Personal data refers to data, whether
2012 (PDPA), organisations are required true or not, about an individual who can
to appoint one or more Data Protection be identified
Officers (DPOs) to be responsible for
ensuring the organization's compliance
with the PDPA.
(i) directly from that data or
https://www.pdpc.gov.sg/-/media/Files/PDPC/PDF-Files/Advisory-Guidelines/AG-on-Selected-Topi
cs/Advisory-Guidelines-on-the-PDPA-for-Selected-Topics-4-Oct-2021.ashx?la=en
Digital Physical
• Sarah wants to sign up for a spa package. The terms and conditions include a provision that
the spa may share her personal data with third parties, including selling her personal data to
third party marketing agencies. Sarah does not wish to consent to such a disclosure of her
personal data and requests the spa not to disclose her personal data to third party marketing
agencies. The spa refuses to act on her request and informs her that the terms and conditions
are standard, and that all customers must agree to all the terms and conditions. Sarah is left
either with the choice of accepting all the terms and conditions (i.e. giving consent for use and
disclosure of her data as described) or not proceeding with the sign up.
• In this case, even if Sarah consents to the disclosure of her data to third party marketing
agencies, the consent would not be considered valid since it is beyond what is reasonable for
the provision of the spa’s services to its customers, and the spa had required Sarah’s consent
as a condition for providing its services.
• Bella orders furniture from a retailer through an e-commerce platform and provides
her personal data (e.g. credit card details, contact number and residential address)
for the purchase and delivery of goods. She also selects the option to have her
furniture delivered to her home by a delivery company.
• Sarah is deemed to consent to a spa collecting, using or disclosing her credit card details
to process the payment for her facial. While processing the payment, her credit card
details are transmitted to the spa’s bank which handles the payment. Since Sarah is
deemed to consent to the disclosure of her credit card details by the spa to its bank,
deemed consent by contractual necessity would apply to all other parties involved in the
payment processing chain who collects or uses Sarah’s personal data, where the
collection, use or disclosure is reasonably necessary to fulfil the contract between Sarah
and the spa. These parties include, for example, Sarah’s bank, the spa’s bank, the banks’
processors and the credit card scheme’s payment system providers.
In addition to comply with the Monetary Authority of Singapore’s (“MAS”) requirements, the bank conducts
an assessment of legitimate interests and assesses that the benefits of using the data (i.e. detection and
deterrence of flow of illicit funds through Singapore's financial system, understanding prospects’ or
customers’ financial standing) outweigh any likely adverse effect to the individuals (e.g. identification of
individuals with potential nefarious intentions, enforcement actions by authorities, and impact on credit
facilities to individuals assessed to be of poorer credit standing). The bank includes in its privacy policy that
it is relying on the legitimate interests exception to collect, use and disclose personal data for conducting
credit checks, analyses and due diligence checks as required under applicable laws.
In this case, the bank may rely on the legitimate interests exception to collect, use and disclose personal
data to prevent fraud and financial crime, and
perform credit analysis.
Sarah signs up for a membership at a gym. The application form contains an extract of the most
relevant portions of the Data Protection Policy in a physical document. For example, it states that
Sarah’s address details will be used for sending her a gym membership card and other
communications related to her gym membership. The sales representative of the gym informs her
that the full Data Protection Policy is available on the gym’s website and provides her with relevant
information to locate it. In this case, the gym has informed Sarah of the purposes for which her
personal data will be collected, used or disclosed.
An electronics store sells products online through its website. It informs individuals
purchasing products through its website of the purposes for which it will be collecting,
using and disclosing personal data, including that the contact details provided by the
customers will be disclosed to other companies in the electronics store’s corporate group
and outsourced marketing company for the purposes of marketing the products of the
various companies in its corporate group from time to time.
An electronics store sells products online through its website. It informs individuals
purchasing products through its website of the purposes for which it will be collecting,
using and disclosing personal data, including that the contact details provided by the
customers will be disclosed to other companies in the electronics store’s corporate group
and outsourced marketing company for the purposes of marketing the products of the
various companies in its corporate group from time to time.
In this case, the electronics store would be considered to have stated a sufficiently
specific purpose.
• Company ZYX receives an access request from a customer to view his personal data stored in a
format that is readable only by a special machine. The company owns two such machines, but
both are faulty. In order to respond to the customer’s request in a timely manner, ZYX purchases
another machine and transfers its cost to the customer as part of the access fee. Because of this,
the access fee amounts to $50,000.
• Company ZYX receives an access request from a customer to view his personal data
stored in a format that is readable only by a special machine. The company owns two
such machines, but both are faulty. In order to respond to the customer’s request in a
timely manner, ZYX purchases another machine and transfers its cost to the customer as
part of the access fee. Because of this, the access fee amounts to $50,000.
This would not be considered a reasonable fee as ZYX is expected to have the general
means to comply with its customers’ access requests.
Two years later, Nick applies for a home loan from a bank. The bank has not made any checks during
the two years that Nick’s personal data is accurate and complete. When the bank received the home
loan application, the bank showed Nick their records of his personal data and asked Nick to make a
fresh declaration that the record is accurate and complete. In addition, noting that the supporting
documents previously obtained for the credit card application are now dated two years back, the bank
asked Nick to provide a copy of his most recent payslip and proof of employment. In this scenario, the
bank has made a reasonable effort to ensure that the personal data collected from Nick is accurate
and complete.
The company asks John to update them with any new qualifications or certifications
he may have obtained in the last five years since joining the company but does not
ask him to re-confirm the information about the qualifications he provided when he
joined the company. In this scenario, the company is likely to have met its obligation
to update John’s personal data.
● Anti-virus
● Firewall
● Patching
● Intrusion detection systems
● Security orchestration and response
● A dance school has collected personal data of its tutors and students. It retains and uses
such data (with the consent of the individuals), even if a tutor or student is no longer with the
dance school, for the purpose of maintaining an alumni network. As the dance school is
retaining the personal data for a valid purpose, it is not required to cease to retain the data
under the Retention Limitation Obligation.
shredded.
Organization ABC is transferring personal data of its customers to its parent company overseas via
the group’s centralised customer management system. The conditions of the transfer, including the
protections that will be accorded to the personal data transferred, are set out in binding corporate
rules that apply to both ABC and its head office. ABC has reviewed these binding corporate rules
and assessed that they comply with the conditions prescribed under the Personal Data Protection
Regulations 2021 and would provide protection that is comparable to the standard under the
PDPA. In this case, ABC’s transfer of the personal data to its parent company overseas would
follow the Transfer Limitation Obligation.
https://www.nytimes.com/2022/06/28/world/asia/usb-japan-flash-drive-amagasaki.html
https://www.nytimes.com/2022/06/28/world/asia/usb-japan-flash-drive-amagasaki.html
• On 10 October 2016, the Commissioner was informed by the Complainant that the
Prudential folders had been disposed of by leaving beside the rubbish bin at level 2 of
the multi-storey car-park at Blk 821A Jurong West Street 81. Upon further inspection,
the Complainant found that the Prudential folders contained 13 Certificates of Life
Assurance issued by Prudential, and bore the names of 12 individuals, in addition to 2
letters addressed to 2 of the aforementioned individuals.
● Policies
○ Statement of intent
● Standards
○ Rules to achieve that intent, usually, measurable
● Procedures
○ Steps to perform specific operations
● Contractors
● Service Providers
● Key stakeholders
● Business owners and IT
● Direction, guidance and oversight
● Risks and issues escalation
● Identify, define and document the functional requirements of the IT system including security
controls
● Potential threats and risks to the IT system and determine acceptable level of security
● Patch Management
○ To secure systems from vulnerabilities
○ Tested patches
● Change Management
○ Changes are assessed before implementation
○ Risk and impact analysis on changes
○ Backup of information asset prior to change implementation
○ Define procedures
● System Availability
○ Redundancy or fault-tolerant solutions
○ Monitoring system resources against thresholds
● System Recoverability
○ Recovery Time Objectives and Recovery Point Objectives
○ Disaster recovery plan
● Testing of Disaster Recovery Plan
○ Validate effectiveness of plan
■ Disruption scenarios
■ Recovery dependencies
● System security
○ Hardware and software configuration
○ Application of standards
○ Bring Your Own Device (BYOD) security
● Virtualisation Security
● Internet of Things
● Vulnerability Assessment
● Penetration Testing
● Cyber Exercises
○ Simulated social engineering attacks, table-top exercises, cyber range exercises
● Adversarial Attack Simulation Exercise
○ Test and validate effectiveness of cyber defense and response
● Intelligence-Based Scenario Design
● Remediation Management
● Fraud Monitoring
○ Identify and block suspicious transactions
○ Investigation of suspicious transactions
○ Notify customers
● Customer Education and Communication
● Audit Function
○ Assess effectiveness of controls, risk management and governance process in financial
institution
○ Independent and objective
https://www.asiaiplaw.com/article/singapores-amended-copyright-ac
t-grants-rights-over-wedding-photos-to-photographers