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Ken Chia

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Ken Chia is a member of the Firm’s IP Tech, International Commercial & Trade and Competition Practice Groups. He is regularly ranked as a leading TMT and competition lawyer by top legal directories, including Chambers Asia Pacific and Legal 500 Asia Pacific. Ken is an IAPP Certified International Privacy Professional (FIP, CIPP(A), CIPT, CIPM) and a fellow of the Chartered Institute of Arbitrators and the Singapore Institute of Arbitrators.

In conjunction with the presidential election on 1 September 2023, the Elections Department (ELD) has updated its “Advisory Guidelines on the Application of the Personal Data Protection Act to Election Activities” on 28 July 2023.
Separately, on 31 July 2023, the ELD issued an advisory to candidates and political parties on potential cyberthreats and the corresponding preventive measures.

On 18 July 2023, the PDPC issued two public consultation papers, seeking views on: (a) the proposed clarifications on how the PDPA applies to the collection and use of personal data to develop and deploy artificial intelligence (AI) systems that embed machine learning models used to make decisions, recommendations or predictions; and (b) the proposed Advisory Guidelines on the PDPA for children’s personal data, covering issues such as obtaining children’s consent, using children’s personal data and according higher standards of protection to children’s personal data.

In a recent decision by the Personal Data Protection Commission (PDPC) in Re Fullerton Healthcare Group Pte Limited and Agape CP Holdings Pte Ltd [2023] SGPDPC 5, the PDPC found that the respondents breached the protection obligation under the Personal Data Protection Act and ordered each of them to pay a financial penalty.

On 9 May 2023, the Ministry of Communications and Information published a statement by its minister announcing plans to issue Advisory Guidelines on the Use of Personal Data in AI Systems under the Personal Data Protection Act. Singapore had previously launched A.I. Verify, the world’s first AI governance testing framework and toolkit for companies that wish to demonstrate responsible AI in an objective and verifiable manner. By issuing the Advisory Guidelines, the government plans to support the responsible development and deployment of AI so that its benefits may be enjoyed in a safe and trusted manner.

The Carbon Pricing (Amendment) Act 2022 (“Act”), which came into force on 7 March 2023 and amends the Carbon Pricing Act 2018, seeks to advance Singapore’s transition towards net-zero.
The Act aims to encourage emitters of greenhouse gases to proactively reduce emissions by:
(a) progressively increasing carbon tax rates;
(b) introducing an industry transition framework to provide transitory allowances to companies in Emissions-Intensive Trade-Exposed sectors;
(c) setting up an International Carbon Credits framework; and
(d) revising the list of greenhouse gases and their Global Warming Potential Values.

From 31 January 2023, the Info-Communications Media Development Authority implemented the full SSIR regime. All organizations that use short message service (SMS) with sender identification are required to register their Sender IDs with the Singapore SMS Sender ID Registry. Non-registered SMSes have been labelled as “Likely-SCAM” and will be blocked from later this year. Organizations are encouraged to register their Sender IDs if they have not done so.