Singapore legislation

Clause 8

of ACRA (Registry and Regulatory Enhancements) Bill

Clause 8

New sections 30A to 30E

In the ACRA Act, after section 30, insert —“Information from prescribed public agencies or prescribed entities30A.—

(1)

A prescribed public agency or a prescribed entity may, at the request of the Registrar or the Authority, provide information, including personal data, to the Registrar or the Authority for the purposes of subsection (2) or (3) (as the case may be) unless the prescribed public agency or prescribed entity is prohibited by any written law from so providing the information.(2) The Registrar or the Authority may use information obtained from any prescribed public agency for any purpose under this Act or any scheduled law, including to keep, maintain, rectify or update the information kept in the repository mentioned in section 6(1)(c) or any register kept under a scheduled Act.(3) The Registrar or the Authority may use information obtained from any prescribed entity to verify the accuracy of any information or document kept, or to be kept, in the repository mentioned in section 6(1)(c).(4) If the Registrar or the Authority uses information mentioned in subsection (2) for any purpose permitted by that subsection, instead of obtaining the information from a person required under any other provision of this Act or any scheduled law to provide the same, that person —

(a)

is deemed to have complied with the requirement to provide the information for that purpose; and

(b)

is not liable for any error or inaccuracy in the information used under subsection (2), unless the Registrar or the Authority has —

(i)

requested that person to verify the information; and

(ii)

given that person a reasonable opportunity to correct that information.(5) No prescribed public agency or prescribed entity, or a person acting on behalf of a prescribed public agency or prescribed entity, shall —

(a)

be guilty of an offence under any written law or of any breach of confidence;

(b)

incur any civil liability; or

(c)

be liable to any disciplinary action,only because the prescribed public agency, prescribed entity or person (as the case may be) provided or purportedly provided information to the Registrar or the Authority under subsection (1) in good faith and with reasonable care.Use of information and documents in repository30B.—

(1)

The Registrar or the Authority may provide information and documents (whether in bulk or otherwise) from the repository mentioned in section 6(1)(c), including personal data provided to or obtained by the Registrar or the Authority under this Act or any scheduled law, in accordance with the disclosure framework and subject to any restriction relating to confidentiality under this Act or a scheduled law, for any of the following purposes:

(a)

to any authorised information service provider to provide information services to any person;

(b)

to assist any person to exercise a power or to fulfil any obligation under any written law as specified in the Sixth Schedule;

(c)

to provide the service mentioned in section 27(1)(c), in circumstances other than as mentioned in paragraphs (a) and (b).(2) Subsection (1) and the disclosure framework do not limit or prevent the provision of information or documents by the Registrar or the Authority as permitted or required by or under any other Act or law.Exclusion of residential address from public disclosure if contact address is available30C.—

(1)

Subject to subsection (2) and any exception specified in the Sixth Schedule, an individual’s residential address must be excluded from public disclosure.(2) The Registrar may cause an individual’s residential address to cease to be excluded from public disclosure in accordance with section 30D.(3) Where, pursuant to subsection (2), the individual’s residential address has ceased to be excluded from public disclosure, the Registrar must cause the exclusion from public disclosure to resume if —

(a)

subject to section 30D(8) and the equivalent provision in any scheduled Act, the Registrar receives notice of the individual’s contact address under this Act or any scheduled Act; or

(b)

the Court so directs on an appeal under section 30D(7) or the equivalent provision in any scheduled Act.(4) In this section and in section 30D —“contact address”, in relation to an individual, means an individual’s contact address kept or maintained by the Authority under this Act or by the Registrar under any scheduled Act;“public disclosure” means disclosure under section 30B(1);“Registrar” means the Registrar appointed under any scheduled Act;“residential address”, in relation to an individual, means an individual’s residential address kept or maintained by the Authority under this Act or by the Registrar under any scheduled Act.Cessation of exclusion of residential address from public disclosure30D.—

(1)

For the purposes of section 30C(2), the grounds for causing an individual’s residential address to cease to be excluded from public disclosure are either that —

(a)

communications sent by any officer of the Authority under this Act, or by the Registrar or any officer of the Authority under any scheduled Act, to the individual at his or her contact address and requiring a response within a specified period remain unanswered; or

(b)

there is evidence to show that service of any document under this Act or any scheduled Act at the individual’s contact address is not effective to bring it to the notice of the individual.(2) Before causing an individual’s residential address to cease to be excluded from public disclosure pursuant to section 30C(2), the Registrar must give a notice under subsection (3) to the individual and the interested persons specified in the Sixth Schedule (if any).(3) The notice mentioned in subsection (2) must —

(a)

state the grounds under subsection (1) on which the Registrar intends to cease the exclusion of the individual’s residential address; and

(b)

specify the period within which representations may be made to the Registrar.(4) The Registrar must consider the representations (if any) given in response to the notice mentioned in subsection (2) and received within the period specified by the Registrar under subsection (3)(b).(5) If the Registrar decides to cause the individual’s residential address to cease being excluded from public disclosure, the Registrar must before doing so give notice of the decision to the individual and the interested persons specified in the Sixth Schedule (if any).(6) A notice to the individual under subsection (2) or (5) must be sent to the individual’s residential address unless it appears to the Registrar that service at that address may be ineffective to bring it to the individual’s notice, in which case it may be sent to any other last known address of that individual.(7) Any person aggrieved by the decision of the Registrar under section 30C(2) may, within 30 days after the date of receiving the notice under subsection (5), appeal to the Court which may confirm or reverse the Registrar’s decision and make any directions in the matter.(8) The individual is not allowed to provide a contact address within 3 years after the Registrar causes the individual’s residential address to cease to be excluded from public disclosure, unless the Registrar is satisfied that there is good cause for allowing the individual to do so in a particular case.(9) Subject to subsections (8) and (10), where an individual provides a new contact address under this Act or any scheduled Act, the Registrar must replace the individual’s contact address in the repository mentioned in section 6(1)(c) with the new contact address.(10) Subsection (9) does not require the replacement of the individual’s contact address in any document kept in the repository.Disclosure framework30E.—

(1)

The disclosure framework applicable to information and documents in the repository mentioned in section 6(1)(c), including personal data mentioned in section 30B(1), is as set out in the Sixth Schedule.(2) The Minister may, by order in the Gazette, amend the Sixth Schedule, which may include the following matters:

(a)

any exception to section 30C(1);

(b)

the interested persons mentioned in section 30D(2) and (5);

(c)

the types of information and documents mentioned in subsection (1) that the Registrar or the Authority must not disclose;

(d)

the persons or classes of persons to whom the Registrar or the Authority must not disclose any information or document mentioned in subsection (1);

(e)

the requirements that any person who receives any information or document mentioned in subsection (1) disclosed by the Registrar or the Authority must comply with.”.