Singapore legislation
Section 31
Section 31
Information not to be published or disclosed
(1)
No particulars, information or document furnished for the purposes of this Act or any regulations made under this Act may unless with the prior consent in writing of the person having the control, management or superintendence of the goods in relation to which the same was given or furnished —
be published; or
be communicated or disclosed to any person,except where it is necessary for the purposes of —
a prosecution under this Act or any regulations made under this Act;
enabling an authorised officer or a public officer to enforce a provision of this Act or any regulations made under this Act;
enabling an authorised officer or a public officer to investigate a suspected offence under this Act or any regulations made under this Act;
a prosecution of such offence under such written law (other than this Act) as may be prescribed;
enabling a public agency to enforce any provision of written law (other than this Act) that may be prescribed;
enabling a public agency to investigate a suspected offence under any provision of written law (other than this Act) that may be prescribed;
subject to subsection (2), enabling a public agency to discharge its function, duty or power of collecting, compiling and analysing the particulars or information, and —
providing its collection, compilation or analysis to another public agency for policy formulation or review by that other public agency; or
publishing its collection, compilation or analysis in any form that will not identify, and is not reasonably capable of being used to identify, any person to which the information or particulars relate;
subject to subsection (2), enabling a public agency to take steps to protect individuals and communities from risks or threats to public health or safety, or to protect against risks or threats to the security of Singapore (including her financial and economic security);
satisfying a request for information under section 353 of the Copyright Act 2021, or section 85B or 93E of the Trade Marks Act 1998;
enabling a foreign government authority to investigate a suspected offence committed in a foreign country, where the conditions specified in subsection (8) are satisfied; or
complying with any provision of any prescribed agreement, where the conditions specified in subsection (9) are satisfied.
(2)
No particulars, information or document mentioned in subsection (1) may be published, disclosed or communicated pursuant to paragraph (i) and (j) of that subsection except with the approval of the Minister.
(3)
The approval of the Minister mentioned in subsection (2) may be given in respect of —
a specific public agency or a class of public agencies; and
a specific request for particulars, information or documents, or requests for particulars, information or documents falling within such class as the Minister may in his or her approval specify.
(4)
For the purposes of subsection (1)(j), the particulars or information in question may be provided to the public agency through another public agency.
(5)
Nothing in subsection (1) prevents the Minister, and any public officer assisting the Minister and duly authorised by the Minister for the purposes of this subsection, from having access to any particulars, information or document mentioned in subsection (1) that may be necessary for the performance of his or her official duties in connection with this Act or the advancement or development of trade.
(6)
Any authorised officer or any person employed or engaged in the administration of this Act or any regulations made under this Act who makes use of, publishes or permits any other person to see or communicates or discloses to any other person the contents of any particulars, information or document to any other person, otherwise than with such consent or for such purpose as is mentioned in subsection (1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.
(7)
Any person, having possession of any information which to the person’s knowledge has been communicated, disclosed or published in contravention of this section, who publishes or communicates that information to any other person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.
(8)
The conditions mentioned in subsection (1)(l) are as follows:
there exists a treaty or memorandum of understanding between Singapore and the government of the foreign country in respect of matters under this Act or any regulations made under this Act and a request has been made by the foreign government authority pursuant to the treaty or memorandum of understanding;
the investigations involve a citizen or permanent resident of Singapore or a company incorporated in Singapore;
the suspected offence which is the subject of the investigation constitutes an offence against the law of or of a part of, a foreign country and the equivalent act or omission would, if it had occurred in Singapore, have constituted an offence under this Act or any regulations made under this Act or under any other written law that the Minister may, by notification in the Gazette, prescribe;
the seriousness of the suspected offence is of sufficient gravity and the information requested is of sufficient importance to the investigation;
the foreign government has agreed to provide reciprocal assistance in such matters to Singapore;
the communication or disclosure is not likely to prejudice the sovereignty, security or other essential interests of Singapore;
it is appropriate in the public interest to give the information sought;
the foreign authority undertakes that the information given must not be used for any other purpose except for the investigation of the suspected offence or for the prosecution of the offender concerned; (i)the Minister has given his or her consent in writing to the publication, communication or disclosure.
(9)
The conditions mentioned in subsection (1)(m) are as follows:
the particulars, information or documents requested by the foreign country are available to the Director-General;
unless the Government otherwise allows, the foreign country undertakes to keep the information given confidential at all times;
the disclosure of the information is not likely to prejudice the essential security interests of Singapore.
(10)
In this section —
Definition
“foreign country” means any country or territory outside Singapore;
Definition
“prescribed agreement” means an agreement between Singapore and a foreign country which is prescribed as an agreement for the purpose of subsection (1)(m);
Definition
“public agency” means a public officer, an organ of state or a ministry or department of the Government, or a public authority established by or under any public Act for a public purpose or a member, an officer or an employee, or any department, thereof.