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DNC registry exemption 'limited': Lawrence Wong

The Personal Data Protection Commission announces a new exemption order to the Do Not Call registry. (Getty Images)

[UPDATED 20 January 2014. Added comments by Acting Minister for Culture, Community and Youth Lawrence Wong]

Businesses can send marketing messages by SMS or fax messages without having to check the Do Not Call national registry if they meet strict conditions, according to Acting Minister for Culture, Community and Youth Lawrence Wong.

The Personal Data Protection Commission (PDPC) earlier denied back-pedalling on the DNC registry after its announcement of an exemption order drew strong criticism.

In response to questions from Members of Parliament, Wong told the house on Monday that the exemption could be used only in "narrow and limited circumstances", and that the ban on telemarketing via voice calls remained unchanged.

Firstly, an organisation can only send a marketing message to consumers by text or fax if it has an on-going relationship with the consumer, and that a one-off transaction was not sufficient to establish such a relationship.

The relationship must arise from the conduct of a business or activity on an on-going basis, for example, a subscription, membership or account.

Secondly, it can only send messages related to the subject of the relationship with the consumer.

Thirdly, it must provide an opt-out facility in the same message.

The registry, which protects the public from unwanted communication from telemarketers, took effect on 2 January this year.

Wong said that since then, about 600 organisations have checked a total of about 37 million telephone numbers against the DNC registry.

Before the registry took effect, the PDCP said in a statement that organisations would still be able to send text or fax messages on related products and services to customers and members with whom they have an ongoing relationship.

A report by The Straits Times quoted a PDPC spokesperson as saying that the concession did not dilute the original intention of the DNC registry. "The exemption order is not a back-pedalling on the DNC registry," added the spokesperson.

He explained, "The intent of the exemption order is to enable individuals to receive a subset of messages which they may otherwise not receive if their Singapore telephone numbers are on the DNC Registry."

These messages include information about products related to consumers' "ongoing relationship" with their vendors.

The PDPC issued the new set of advisory guidelines a week before the launch of the registry.

For example, a bank or credit card company will be able to send its existing credit card holders telemarketing messages about related services, such as a rewards programme for credit card holders, PDPC explained.

Here are some examples of what messages are exempted:



The exemption order does not apply to voice calls; hence organisations are still required to check against the DNC registry before making telemarketing calls to promote related products and services.

The PDPC said that it recognised that consumers, notwithstanding their registration with DNC registry, may wish to continue receiving such information in a minimally intrusive manner, via text or fax messages.

It also received feedback from organisations on their customers’ expectation for such messages to be sent.

In the statement, PDPC also said that each of these messages must contain an opt-out facility that the recipient may use to opt out from the sending of messages by the organisation to that Singapore telephone number.

The opt-out facility may be provided via a Singapore telephone number or short code (in the case of a specified text message), or a facsimile number (in the case of a specified fax message).

When an individual opts out, that organisation can no longer rely on the exemption and must stop sending such messages to that Singapore telephone number 30 days after the day the individual opts out, added PDPC.

To find out how to sign up for the DNC registry, go here.

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