Forum reply on The Straits Times, 28 May 2013

THE provisions under the Personal Data Protection Act 2012 relating to the Do-Not-Call registry allow individuals to opt out of receiving marketing messages, namely, those that promote or advertise a good or service in the form of calls, SMSes or faxes sent to a Singapore phone number ("Third-party content" by Mr Ng Chee Kheon; last Tuesday). This allows individuals to have more control over the kind of messages they receive. 

Organisations are required to check with the Do-Not-Call registry with effect from Jan 2 next year to ensure that they do not send marketing messages to a number that is registered with the registry, unless clear and unambiguous consent in an evidential form of paid service or contain marketing elements.

In the scenario described by Mr Ng, where "third-party content" such as SMSes containing unsolicited quizzes, games and ringtones are sent to subscribers' mobile phones by content providers, such messages will be covered under the Act if they invite recipients to subscribe to some form of paid service or contain marketing elements.

Individuals who have registered their telephone numbers with the registry should not be receiving these messages subsequently unless they have given clear and unambiguous consent to receive them.

In addition, messages from third-party content providers are regulated under the Premium Rate Services (PRS) Code administered by the Infocomm Development Authority (IDA).

Those providing value-added services, including quizzes and contests over SMS, must clearly publish the prices, terms and conditions of services, authenticate the end user and ensure that explicit purchase confirmation is received from the user before the service is activated.

They must also send reminder and confirmation messages for subscription-based PRS purchases, indicate charges and maintain a customer hotline.

The IDA has allocated the prefix number "1460" for the provision of PRS services to allow mobile-phone users to better identify such messages.

Mobile operators are also required to offer consumers the option of activating a service to bar PRS altogether.

Amos Tan (Mr)
Director, Communications & Operations
Personal Data Protection Commission

Ng Sook Fun (Ms)
Director, Corporate & Marketing Communications
Infocomm Development Authority