Page:Personal Data Protection Act 2012.pdf/43

44 (5) For the purposes of this Part, where a subscriber or user of a Singapore telephone number—
 * (a) consents to a person sending a specified message to that Singapore telephone number before, on or after the date of commencement of this Part; and
 * (b) subsequently applies to add or adds that Singapore telephone number to the register on or after the date of commencement of this Part,

the application to add or the addition of that Singapore telephone number shall not be regarded as a withdrawal of the consent.

(6) For the avoidance of doubt, a subscriber of a Singapore telephone number may, at any time on or after the date of commencement of this Part, withdraw any consent given for the sending of a specified message to that Singapore telephone number.

Defence for employee

48.—(1) In any proceedings for an offence under this Part brought against any employee in respect of an act or conduct alleged to have been done or engaged in, as the case may be, by the employee, it is a defence for the employee to prove that he did the act or engaged in the conduct in good faith—
 * (a) in the course of his employment; or
 * (b) in accordance with instructions given to him by or on behalf of his employer in the course of his employment.

(2) Subsection (1) does not apply to an employee who, at the time the act was done or the conduct was engaged in, was an officer and it is proved—
 * (a) the act was done or the conduct was engaged in with the consent or connivance of that officer; or
 * (b) the act done or the conduct engaged in was attributable to any neglect on the part of that officer.

(3) In subsection (2), “officer” has the same meaning as in section 52(5).