Material Applicability

The PDPA's material scope is defined through several key exemptions that limit its applicability. The material applicability factors include: Personal and Domestic Use Exemption, Employment and Agency Relationship Exemption, Government and Public Agency Exemption, Historical Data Exemption, Deceased Individuals Exemption, and Exception for Information about Legal Entities.

Personal and Domestic Use Exemption

PDPA Art. 4(1)(a):

"Parts 3, 4, 5, 6, 6A and 6B do not impose any obligation on — (a) any individual acting in a personal or domestic capacity;"

This exemption excludes individuals processing personal data for private or household purposes from the PDPA's obligations. The exemption covers all major operational provisions of the Act, recognizing that personal data processing in private contexts should not be subject to the same regulatory requirements as organizational processing.

Employment and Agency Relationship

PDPA Art. 4(1)(b):

"Parts 3, 4, 5, 6, 6A and 6B do not impose any obligation on — (b) any employee acting in the course of his or her employment with an organisation;"

PDPA Art. 4(2):

"Parts 3, 4, 5, 6 (except sections 24 and 25), 6A (except sections 26C(3)(a) and 26E) and 6B do not impose any obligation on a data intermediary in respect of its processing of personal data on behalf of and for the purposes of another organisation pursuant to a contract which is evidenced or made in writing."

The Act exempts employees acting within their employment scope and data intermediaries processing data under written contracts from most PDPA obligations, placing primary responsibility on the employing organization.

Government and Public Agency Exemption

PDPA Art. 4(1)(c):

"Parts 3, 4, 5, 6, 6A and 6B do not impose any obligation on — (c) any public agency;"

Public agencies are exempt from the main operational requirements of the PDPA, creating a separate data protection regime for the public sector.

Historical Data Exemption

PDPA Art. 4(4)(a):

"This Act does not apply in respect of — (a) personal data about an individual that is contained in a record that has been in existence for at least 100 years;"

Records containing personal data that are at least 100 years old are completely exempt from the PDPA's requirements.

Deceased Individuals Exemption

PDPA Art. 4(4)(b):

"This Act does not apply in respect of — (b) personal data about a deceased individual, except that the provisions relating to the disclosure of personal data and section 24 (protection of personal data) apply in respect of personal data about an individual who has been dead for 10 years or less."

The PDPA generally does not apply to deceased individuals' data, except for disclosure and protection requirements during the first 10 years after death.

Business Contact Information Exception

PDPA Art. 4(5):

"Except where business contact information is expressly mentioned, Parts 3, 4, 5, 6 and 6A do not apply to business contact information."

The main provisions of the PDPA do not apply to business contact information unless specifically stated.