Section 2

Interpretation

of Personal Data Protection Order, 2025

ORDERIn forceProvision 2 of 49

In this Order, unless the context otherwise requires -

"advisory committee" means an advisory committee appointed under section 6;

"Appeal Committee" means the Data Protection Appeal Committee constituted under section 41(2);

"Appeal Panel" means the Data Protection Appeal Panel established by section 41(1);

"authorised officer" means any person appointed as an authorised officer under section 4(2);

"Authority" means the Authority for Info-communications Technology

Industry of Brunei Darussalam established by section 3 of the Authority for

Info-communications Technology Industry of Brunei Darussalam Order,

2001 (S 39/2001);

"business" includes the activity of any organisation, whether or not carried on for purposes of gain, or conducted on a regular, repetitive or continuous basis, but does not include an individual acting in his personal or domestic capacity;

"business contact information" means an individual's name, position name or title, business telephone number, business address, business electronic mail address or business fax number and any other similar information about the individual, not provided by the individual solely for his personal purposes;

"credit bureau" means an organisation which-

(a} provides credit reports for gain or profit; or

(b)

provides credit reports on a routine, non-profit basis as an ancillary part of a business carried on for gain or profit;

"credit report" means a communication, whether in written, oral or other form, provided to an organisation to assess the creditworthiness of an individual in relation to a transaction between the organisation and the individual;

"data processor" means an organisation which processes personal data on behalf of another organisation or public agency;

"direct marketing message" means a message, whether in sound, text, visual or other form, containing advertising or marketing material of a commercial nature which is directed to a particular individual;

"education institution" means any organisation that provides education, including instruction, training or teaching, whether by itself or in association or collaboration with or by affiliation with any other person;

"employee" has the same meaning assigned to it under the Employment

Order, 2009 (S 37/2009) and includes a volunteer;

"employment" includes working under an unpaid volunteer work relationship;

11 8th. JANUARY, 2025

"evaluative purpose" means-fa} for the purpose of determining the suitability, eligibility or qualifications of the individual to whom the data relates -

(i)

for employment or for appointment to office;

(ii)

for promotion in employment or office or for continuance in employment or office;

(iii)

for removal from employment or office;

(iv)

for admission to an education institution;

(v)

for the awarding of contracts, awards, bursaries, scholarships, honours or other similar benefits;

(vi)

for selection for an athletic or artistic purpose; or

(vii)

for grant of financial or social assistance, or the delivery of appropriate health services, under any scheme administered by a public agency;

(b)

for the purpose of determining whether any contract, award, bursary, scholarship, honour or other similar benefit should be continued, modified or cancelled;

(c)

for the purpose of deciding whether to insure any individual or property or to continue or renew the insurance of any individual or property; or

(d)

for such other similar purposes as the Authority may determine;

"individual" means a natural person, whether living or deceased;

"investigation" means an investigation relating to -

fa} a breach of an agreement;

fb} a contravention of any written law or any rule of professional conduct or other requirement imposed by any regulatory authority in exercise of its powers under any written law; or

{cj a circumstance or conduct that may result in a remedy or relief being available under any written law;

"Minister" means the Minister responsible for personal data protection;

"national interest" includes national defence, national security, public security, the maintenance of essential services and the conduct of international affairs;

"organisation" includes any individual, company, association or body of persons, corporate or unincorporated, whether or not-

(a} formed or recognised under the law of Brunei Darussalam; or

(bJ resident, or having an office or a place of business, in Brunei

Darussalam;

"personal data" means data, whether true or not, about an individual who can be identified -

(a} from that data; or

(bJ from that data and other information to which the organisation has or is likely to have access;

"prescribed healthcare body", for the purposes of Schedule 2, means a healthcare body declared by the Minister of Health, by notification published in the Gazette;

"prescribed law enforcement agency", for the purposes of sections 18(4)

and 28(6){aj and Schedule 2, means a relevant authority charged with the duty of investigating offences or charging offenders under any written law, declared by the relevant Minister responsible for that authority, by notification published in the Gazette;

"private trust" means a trust for the benefit of one or more designated individuals who are friends, or members of the family, of the settlor;

"proceedings" means any civil, criminal or administrative proceedings by or before a court, tribunal or regulatory authority that is related to the allegation of -

(aJ a breach of an agreement;

13 8th. JANUARY, 2025

(b)

a contravention of any written law or any rule of professional conduct or other requirement imposed by any regulatory authority in exercise of its powers under any written law; or

(c)

a wrong or a breach of a duty for which a remedy is claimed under any law;

"processing", in relation to personal data, means the carrying out of any operation or set of operations in relation to the personal data, and includes any of the following -

(a} collection;

(b)

recording;

(c)

holding or storage;

(d)

organisation, structuring, adaptation or alteration;

(e)

retrieval;

(fJ alignment or combination;

(g)

use;

(h)

disclosure by transmission, dissemination or otherwise making available;

(i}

erasure or destruction;

"public agency" includes -

(a} the Government, including any ministry, department, agency, or organ of State;

(b)

any tribunal appointed under any written law; or

(c)

any statutory body as the Minister may, by notification published in the Gazette, specify to be a public agency for the purposes of this Order;

"publicly available", in relation to personal data about an individual, means personal data that is generally available to the public, and includes personal

BRUNEI DARUSSALAM GOVERNMENT GAZETTE data which can be observed by reasonably expected means at a location or an event-

(a} at which the individual appears; and

(b} that is open to the public.

Read in full context — Personal Data Protection Order, 2025 →