Singapore legislation

Clause 29

of Medi Shield Life Scheme Bill

Clause 29

Offence and immunity relating to disclosure

(1)

Subject to subsections (2), (3) and (4), any person who, knowing that any information about any other person was provided or obtained under any provision of section 26, 27 or 28, accesses, uses or discloses the information, without the written consent of that other person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

(2)

No person or organisation shall be guilty of an offence under any written law or of any breach of confidence, shall incur any civil liability or shall be liable to any disciplinary action by a professional body, by virtue merely of doing any of the following in good faith and with reasonable care:

(a)

complying with a direction under section 26(1)(a) or a request under section 27(1) or 28(1);

(b)

providing or disclosing information in accordance with any provision of section 26, 27 or 28;

(c)

accessing or using information provided or obtained under any provision of section 26, 27 or 28 in accordance with the requirements of such provision and any terms and conditions imposed under section 30(1);

(d)

with the approval of the Minister —

(i)

disclosing any information obtained under section 26, 27 or 28 to the Council for the exercise of the Council’s functions and powers under this Act; or

(ii)

where the organisation is the Council, using that information to exercise its functions and powers under this Act.

(3)

Sections 26, 27 and 28 and subsection (2) apply —

(a)

despite any other written law; and (b)whether or not any person accessing, using or disclosing information under those provisions is under any obligation (imposed by any written law or otherwise) not to access, use or disclose such information.

(4)

Sections 26, 27 and 28 do not affect the exercise of any right or authority under any other written law or rule of law to access, use or disclose confidential information.