Case Update: Re Executive Coach International Pte. Ltd. [2017] SGPDPC 3

In this case, the Personal Data Protection Commission (PDPC) issued a warning to the organisation Executive Coach International Pte. Ltd. which provides life and executive coaching services to individual and corporate clients for breaching the Personal Data Protection Act (PDPA).

The organisation’s director disclosed an ex-employee’s personal history (her past drug problem and issue with infidelity in her amorous relationship) in a WhatsApp group chat comprising the ex-employee and the organisation’s other staff and volunteer trainees without the ex-employee’s consent and without notifying her of the purposes for the disclosure.

The organisation argued that the director had disclosed the personal data in his personal capacity. However, the PDPC found that the disclosure of personal data was made in the context of a dispute arising from the unamicable departure of the complainant from the organisation’s employment. The PDPC found that the director of the organisation was acting in the course of his employment as a director when he disclosed the complainant’s personal data. Therefore he cannot said to be acting in his personal capacity.

Legislative Update: enforcement action for PDPA breaches

Singapore Law; Legal; Lawyer

Introduction

On 21 April 2016, the Personal Data Protection Commission (PDPC) issued a press release outlining its enforcement action against 11 organisations for breaches to the Personal Data Protection Act (PDPA).

The highlight penalty was a $50,000 fine and other directions meted out against karaoke chain K Box Entertainment Group Pte Ltd for not putting in place sufficient security measures to protect the personal data of 317,000 members (a list of the members’ details were uploaded onto some website), for inadequate data protection policies and the absence of a Data Protection Officer (DPO). Its IT vendor in charge of managing its content management system, Finantech Holdings Pte Ltd, was also fined.

PDPA breaches can result in financial penalties, valuable work hours spent on investigation proceedings, loss of trust from one’s clients, and reputational harm.

Since the PDPA came into full effect in July 2014, the PDPC has received 667 complaints. 92% of these complaints were resolved through investigation and facilitation between the respective organisations and individuals.

In this article, I consider some key themes in the enforcement action cases highlighted in the 21 April 2016 press release.

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