Singapore legislation

Clause 101

of Health Information Bill

Clause 101

Legal protections — System Operator, etc.

(1)

This section applies, in relation to anything done or omitted to be done —

(a)

by a System Operator if, and only if, the System Operator does or omits to do so —

(i)

in good faith and with reasonable care; and

(ii)

in accordance with this Act; and

(b)

by any officer, employee or contractor of a System Operator if, and only if, the officer, employee or contractor (as the case may be) does so or omits to do so —

(i)

in good faith and with reasonable care;

(ii)

in accordance with this Act; and

(iii)

in the ordinary course of the duties of the officer, employee or contractor (as the case may be) for the System Operator.

(2)

No liability shall lie against the System Operator or the officer, employee or contractor of a System Operator for anything done or omitted to be done in relation to any specified matter.

(3)

No liability shall lie against the System Operator or the officer, employee or contractor of a System Operator for any of the following:

(a)

any error or inaccuracy in —

(i)

accessible health information about any individual that is made available to any user or any authorised individual of a user; or

(ii)

derived information that is provided to a requestor in relation to an application approved under section 25(2) or (3);

(b)

any loss or damage arising from any error or inaccuracy in —

(i)

accessible health information about any individual that is made available to any user or any authorised individual of a user; or

(ii)

derived information that is provided to a requestor in relation to an application approved under section 25(2) or (3);

(c)

any loss or damage arising from —

(i)

any failure or delay by any contributor to contribute health information about any individual; or

(ii)

the inability of, or any interruption, suspension or restriction of the ability of, any contributor to contribute health information about any individual;

(d)

any loss or damage arising from —

(i)

any failure or delay by any user or any authorised individual of a user to access or collect accessible health information about any individual; or

(ii)

the inability of, or any interruption, suspension or restriction of the ability of, any user or any authorised individual of a user to access or collect accessible health information about any individual.

(4)

No liability shall lie against the System Operator or the officer, employee or contractor of a System Operator for any loss or damage that arises solely from or in relation to the imposition or operation of an access restriction in relation to accessible health information about any individual, or the revocation of any such access restriction.

(5)

The System Operator or the officer, employee or contractor of a System Operator who does or omits to do anything in relation to any specified matter does not commit an act of infringement of any copyright in health information concerned that is held by any person.

(6)

In this section, “specified matter” means any of the following matters:

(a)

the processing of health information for the purposes of Part 2, including —

(i)

the collection of health information about any individual that is contributed by any contributor;

(ii)

the processing of health information stored in the national electronic records system for the purpose of making available accessible health information about any individual to any user or any authorised individual of a user;

(iii)

the implementation of any request to impose an access restriction in relation to accessible health information about any individual, or to revoke any such access restriction; and

(iv)

the provision of derived information to a requestor in accordance with an application approved under section 25(2) or (3);

(b)

the operation, administration and maintenance of the national electronic records system, including the access and use of health information stored in the national electronic records system for that purpose.

Read in full context — Health Information Bill →