Singapore legislation

Clause 23

of Health Information Bill

Clause 23

Directions relating to access and collection of accessible health information

(1)

The Minister may, by written notice, direct a person concerned to do all or any of the following:

(a)

stop the access or collection of accessible health information about any individual;

(b)

delete or destroy all copies of accessible health information about any individual that are in the possession or under the control of the person concerned;

(c)

take all reasonable steps —

(i)

to retrieve all copies of accessible health information about any individual from any person to whom the person concerned has disclosed the accessible health information; and

(ii)

to delete or destroy all copies of the accessible health information that are retrieved in accordance with sub‑paragraph (i).

(2)

If the Minister directs a person concerned to take any action under subsection (1)(b) or (c)(ii), the Minister may additionally direct the person concerned —

(a)

to delete or destroy the copies of the accessible health information in the manner specified by the Minister; or

(b)

to certify that the copies of the accessible health information have been deleted or destroyed.

(3)

A person who, without reasonable excuse, fails to comply with the Minister’s direction under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

(4)

In this section, “person concerned” means any of the following persons:

(a)

an HCSA licensee, where —

(i)

the HCSA licensee’s licence has expired or lapsed, has been revoked or suspended or is otherwise no longer valid under the Healthcare Services Act 2020; or

(ii)

the HCSA licensee voluntarily stops providing any licensable healthcare service to which the licence relates under section 17(1)(a) of that Act;

(b)

a retail pharmacy licensee whose licence is suspended or revoked under section 27 of the Health Products Act 2007;

(c)

a specified user, where —

(i)

the specified user contravenes section 19(1), 21(1) or (3) or 22(1)(b) or (c);

(ii)

any authorised individual of the specified user contravenes section 19(4) or 21(2) or (3);

(iii)

the specified user fails to comply with any requirement, condition or restriction mentioned in section 22(1)(a);

(iv)

the specified user or any authorised individual of the specified user fails to comply with any administrative instruction or technical requirement of a System Operator mentioned in section 22(5);

(v)

in a case where the specified user accesses or collects accessible health information through a relevant HDI, the relevant HDI fails to comply with any administrative instruction or technical requirement of a System Operator mentioned in section 22(5);

(vi)

the Minister has reason to believe that the specified user or any authorised individual of the specified user is contravening or has contravened section 38(1) or (3) or 40(1), and it is necessary for the specified user to take any action mentioned in subsection (1) in order to prevent or minimise any harm or damage to any individual pending the outcome of any proceedings against the specified user or authorised individual of the specified user (as the case may be) for an offence arising from that contravention; or

(vii)

the specified user or any authorised individual of the specified user is convicted of an offence arising from a contravention of section 38(1) or (3) or 40(1);

(d)

an approved user, where —

(i)

the approved user’s approval is revoked under section 20(4);

(ii)

the approved user contravenes section 21(4) or (6) or 22(1)(b) or (c);

(iii)

any authorised individual of the approved user contravenes section 21(5) or (6);

(iv)

the approved user fails to comply with any requirement, condition or restriction mentioned in section 22(1)(a);

(v)

the approved user or any authorised individual of the approved user fails to comply with any administrative instruction or technical requirement of a System Operator mentioned in section 22(5);

(vi)

in a case where the approved user accesses or collects accessible health information through a relevant HDI, the relevant HDI fails to comply with any administrative instruction or technical requirement of a System Operator mentioned in section 22(5);

(vii)

the Minister has reason to believe that the approved user or any authorised individual of the approved user is contravening or has contravened section 38(2) or (3) or 40(1), and it is necessary for the approved user to take any action mentioned in subsection (1) in order to prevent or minimise any harm or damage to any individual pending the outcome of any proceedings against the approved user or authorised individual of the approved user (as the case may be) for an offence arising from that contravention; or

(viii)

the approved user or any authorised individual of the approved user is convicted of an offence arising from a contravention of section 38(2) or (3) or 40(1).

(5)

For the purposes of subsection (4)(c)(vii) and (d)(viii), the Minister must accept the person’s conviction as final.