Singapore legislation

Clause 49

of Online Safety (Relief and Accountability) Bill

Clause 49

Power to require information and documents

(1)

The Commissioner may, by written notice, require any person to provide, in the form and manner and within the time specified in the notice, any information or document (whether the information or document is stored or kept in Singapore or outside Singapore) relating to any matter that the Commissioner may require for the purposes of this Act, as is within that person’s knowledge, in that person’s custody or under that person’s control.

(2)

The Commissioner may require the recipient of the notice mentioned in subsection (1) to provide any information or document for the following purposes:

(a)

the investigation by the Commissioner of any report that was made under Part 4;

(b)

the Commissioner’s determination of whether to give a Part 5 direction under section 26 or an order following non‑compliance under section 43;

(c)

the Commissioner’s determination under section 59 of any application for reconsideration made under section 58;

(d)

assisting the Appeal Committee pursuant to a request made by the Appeal Committee under section 65(1)(b);

(e)

the Commissioner’s identification of an end‑user, if the Commissioner reasonably suspects that that end‑user has conducted online harmful activity;

(f)

the Commissioner’s investigation of any offence under this Act, if the Commissioner reasonably suspects that such an offence has been committed;

(g)

any other prescribed purpose necessary for the exercise of the functions, powers or duties of the Commissioner under this Act.

(3)

The power to require a person to provide any information or document under subsection (1) includes the power —

(a)

to require that person, or any person who is or was an officer or employee of that person, to provide an explanation of the information or document;

(b)

if the information or document is not provided, to require that person to state, to the best of his or her knowledge and belief, where it is;

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the Commissioner in legible form; and

(d)

if the information or document is contained in or available to a computer or other electronic device, and the person is reasonably suspected to have knowledge of or access to any username, password or other authentication information required to gain access to the information or document, to require the person to provide assistance (including but not limited to providing any username, password or other authentication information) to gain access to the computer or electronic device and the information or document contained in or available to it.

(4)

The Commissioner is entitled without payment to keep any information or document, or any copy or extract of it, provided to the Commissioner under subsection (1).

(5)

A person shall be guilty of an offence if the person —

(a)

is given a written notice under subsection (1); and

(b)

without reasonable excuse, fails to comply with that written notice,whether in Singapore or outside Singapore.

(6)

Any person guilty of an offence under subsection (5) shall be liable on conviction —

(a)

if the person is an individual, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

in any other case, to a fine not exceeding $10,000.

Read in full context — Online Safety (Relief and Accountability) Bill →