Mediation as an Alternative
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.
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.
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