Singapore legislation

Section 48

of Air Navigation Act 1966

Section 48

Limits to disclosure of protected information

Amended by18/201818/201840/201918/201840/201918/201818/201840/201918/2018

(1)

Subject to subsection (2), every designated person and any other person who has or has had access to any protected information must not disclose or make available any protected information to any other person or a court.

Amended by18/2018

(2)

However, subsection (1) does not apply —

(a)

to anything done by a person in performing functions or exercising powers under, or in connection with, any voluntary reporting rules;

(b)

to disclosure to a court in civil proceedings where the General Division of the High Court makes an order under subsection (3);

(c)

to disclosure authorised by a competent authority under subsection (4);

(d)

to disclosure to a court in criminal proceedings for an offence under section 86; and

(e)

to disclosure in an anonymised form or as statistics which do not identify any person.

Amended by18/201840/2019

(3)

If the General Division of the High Court is satisfied that any adverse domestic or international impact that the disclosure might have on any current or future collection and availability of aviation safety matter is outweighed by the public interest in the administration of justice, the General Division of the High Court may order the disclosure of protected information.

Amended by18/201840/2019

(4)

If a competent authority is satisfied, having regard to the aviation safety matter in question, that any adverse domestic or international impact that the disclosure might have on any current or future collection and availability of aviation safety matter is outweighed by the need for maintaining or improving aviation safety, the competent authority may order the disclosure of protected information.

Amended by18/2018

(5)

In making an order under subsection (3) or (4), the General Division of the High Court or competent authority (as the case may be) may direct that the protected information, must not —

(a)

be published or communicated to any particular person or persons; or

(b)

be published or communicated except —

(i)

in an anonymised form or as statistics which do not identify any person; or

(ii)

in such other manner, and to such persons, as the General Division of the High Court or competent authority specifies.

Amended by18/201840/2019

(6)

If a person is prohibited by this section from disclosing any protected information, then the person cannot be required by any court to disclose the information, and any information disclosed by the person in contravention of this section is not admissible in any civil proceedings or any criminal proceedings (other than proceedings against the person under this section).[12C

Amended by18/2018