SINGAPORE—Consumer Data Protection Law in 2012

 

Singapore may introduce legislation to protect consumer data in early 2012. In his speech to the Parliamentary Committee of Supply 2011 on Leveraging on Infocomm, Design and Media, the Minister for Information, Communications and the Arts (MICA)  RADM(NS)  LuiTeck Yew said that the proposed law “aims to protect individuals’ personal information against misuse by regulating how businesses collect, use, disclose and retain consumer personal data, including through online means. In addition to protecting individuals’ interests, the proposed law will enhance Singapore’s overall competitiveness and strengthen its position as a trusted hub for businesses.”

The minister also recognized that there are limits to what the law can achieve and urged both private and public sectors to play their part in protecting consumers’ information. For example, members of the public should be circumspect in their everyday activities such as filling up personal information on contest or survey forms. Businesses should not collect more data than is necessary and should inform the consumers the purpose of the collection. The government recognized that protecting consumer personal data is a complex issue and will consult the public and private sectors to address their concerns. In addition, a Data Protection Council is expected to be set up to oversee the legislation.

The scope of the proposed legislation is not yet known, but it will definitely cover the gap between the current practice of protecting information on a sectoral basis vis a vis an overall approach to protect consumers’ information in general—regardless of specific sectors.

Malaysia passed its own data protection laws in April 2010. As mentioned in my earlier

, one of the major concerns of this legislation is that it specifically excludes the Malaysian Federal Government and nonprofit organizations from the application of the act. Both of these bodies collect large amounts of data in their daily operations. Exemptions in such legislations may create barriers for recognition as equivalent to legislations without such exemptions such as those found in European countries, Australia, New Zealand, Hong Kong, Canada and the U.S.

While it is true that each country must decide what is best for its own interest when promulgating such legislation, it needs to recognize that the interoperability of the legislation in our interconnected world is critical in facilitating trade in the long run. Hopefully the proposed legislation would recognize and avoid such pitfalls.