Singapore legislation
Clause 25
Clause 25
Applications for derived information
(1)
A person who satisfies the prescribed criteria and requirements or a public agency may apply to the Minister to obtain derived information in accordance with this section.
(2)
The Minister may approve an application to obtain type 1 derived information if the application is made for a purpose that relates to or promotes public health.
(3)
The Minister may approve an application to obtain type 2 derived information if the Minister is satisfied, having regard to the purpose for which the application is made, that it is in the public interest to do so.
(4)
An application made under subsection (2) or (3) must —
be made to the Minister in the form and manner, and within the time, specified by the Minister;
specify —
every purpose for which the application is made; and
whether the applicant intends to disclose the derived information obtained (if the application is approved) to any other person or class of persons; and
be accompanied by —
any information that may be prescribed; and
any other information that the Minister may require to decide on the application.
(5)
If the applicant specifies, in accordance with subsection (4)(b)(ii), that the applicant intends to disclose the derived information obtained (if the application is approved) to any other person or class of persons, the applicant must additionally specify —
the identity or description of that person or class of persons; and
every purpose for which the derived information will be disclosed to that person or class of persons.
(6)
Upon receiving an application under subsection (2) or (3), the Minister may —
approve the application and provide the type 1 derived information or type 2 derived information (as the case may be) to the applicant, subject to any conditions or restrictions in relation to the access, collection, disclosure and use of the derived information that the Minister thinks fit; or
reject the application.
(7)
If —
the application is an application to obtain type 1 derived information under subsection (2); and
the Minister is of the opinion that the purpose specified in the application will be satisfied by the provision of type 2 derived information instead,the Minister may provide the applicant with type 2 derived information.
(8)
In deciding whether to approve or reject an application to obtain type 1 derived information under subsection (2), the Minister must have regard, and give such weight as the Minister considers appropriate, to all of the following matters:
whether allowing the applicant to obtain type 1 derived information is in the public interest;
whether it is feasible and reasonable for the applicant to obtain the prior consent of the individual or individuals to whom the type 1 derived information relate for the access, collection, disclosure and use of the type 1 derived information;
whether the purpose for which the applicant seeks to obtain the type 1 derived information can be satisfied if the applicant is provided with type 2 derived information instead.
(9)
To avoid doubt, the Minister is not confined to consideration of the matters mentioned in subsection (8) and may take into account any other matter and evidence that may be relevant.
(10)
Where the Minister approves an application under subsection (2) or (3), the approval must specify all of the following:
the purpose for which the approval is granted;
the individuals (by name or description) or class of individuals employed or engaged by the requestor who are allowed to access and collect the derived information, each of whom must be an individual who —
is employed or engaged by the requestor; or
provides, as a volunteer, any service to the requestor or to any other person acting on behalf of the requestor;
if applicable, the person (by name or description) or class of persons to whom the requestor may disclose the derived information and the purpose or purposes of any such disclosure;
if applicable, whether the requestor may retain the derived information after the purpose specified under paragraph (c) has been fulfilled or otherwise ceases to apply.
(11)
The Minister may, upon approving an application under subsection (6)(a), direct the System Operator to provide the type 1 derived information or type 2 derived information (as the case may be) specified in the application to the requestor.
(12)
The Minister may, by written notice, revoke an approval granted under subsection (2) or (3).
(13)
A requestor who fails to comply with any condition or restriction imposed under subsection (6)(a) on the section 25 approval granted to the requestor 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.