About PDPA

All You Should Know About Protecting Data

 

 

Mediating PDPA

Mediation as an Alternative

In the event of a breach, the organisation can choose mediation outside PDPC’s investigation and court process. In fact stated on PDPC’s website is this could be a faster and less costly way to resolve  disputes between the individual and the organisation. Successful mediation can include monetary compensation and apologies and other matter agreed by both parties.

If PDPC, under its own discretion, thinks that a complaint by an individual against an organisation is better resolved by mediation, may refer such cases for mediation, provided that both parties agree to do so.

Mediation can be a faster and less costly way of resolving disputes, and takes place outside of the PDPC’s investigation process and the court process. When individuals and organisations have disputes, they may choose to solve their issues through mediation. When the individual and organisation meet at the mediation table, it could lead to a better understanding of each side’s interests and areas of disagreement. Mediation is successful where the individual and the organisation reach an agreement on the manner of resolving the issues involved in their dispute. Such an agreement may include payment of a compensation amount, workable compromises, apologies and any other matter agreed between the parties.

Where the PDPC is of the opinion that any complaint by an individual against an organisation on disputes relating to the data protection provisions of the PDPA may be more appropriately resolved by mediation, the PDPC may refer such cases for mediation. The data protection provisions of the PDPA include the provisions in Parts IV to VI of the PDPA. Both the individual and organisation must agree to proceed for mediation before referral of such cases can be done.

Mediation Services

PDPC has established understanding with Consumers Association of Singapore (“CASE”) and the Singapore Mediation Centre (“SMC”) that it would refer data protection related cases to them. PDPC also encourage the organisation or the individual to approach CASE or SMC directly first and not wait for PDPC to refer their case.

The PDPC may refer cases to mediation, with the consent of both the individual and organisation, once the data protection provisions come into effect on 2 July 2014. At present, the PDPC has reached an understanding with the Consumers Association of Singapore (“CASE”) and the Singapore Mediation Centre (“SMC”) that such data protection-related cases may be referred to these mediation bodies.

Both individuals and organisations may also independently approach mediation bodies, such as CASE or SMC, regarding their mediation services without first coming to the PDPC.

 

Get in Touch

If you have any question pertaining our PDPA course, PDPA training, DPO or consultation services, feel free to get in touch with us. We would love to help you protect your data and protect you.