Singapore legislation
Clause 30
Clause 30
Effect of access restrictions
(1)
This section applies in relation to an access restriction in respect of accessible health information about an individual (P) that is in force, and applies despite anything in this Part.
(2)
Subject to subsections (3), (4) and (5) —
a class 1 access restriction prevents the access, collection and disclosure of accessible health information about P; and
a class 2 access restriction allows the access, collection or disclosure of accessible health information about P only to the extent permitted under that access restriction.
(3)
An access restriction does not prevent or restrict the access, collection or disclosure by a user in accordance with section 19, 20 or 21 of any type of accessible health information about P that may be prescribed for the purposes of this subsection.
(4)
An access restriction does not prevent or restrict the access, collection or disclosure of accessible health information about P by a user in accordance with section 19, 20 or 21, if the access, collection or disclosure is necessary to respond to an emergency that threatens the life or health of P, whether or not P consents or is able, at the material time, to consent to the access, collection or disclosure.
(5)
An access restriction does not prevent or restrict —
the provision of derived information to a requestor in relation to an approval granted by the Minister under section 25(2) or (3); or
the access, collection or disclosure of accessible health information about P by any person if the access, collection or disclosure is permitted or required under any other Act or by an order of court.
(6)
The access, collection or disclosure of accessible health information about P is not considered to be permitted or required under any Act merely because the individual has consented or has given his or her consent to it in accordance with Part 4 of the Personal Data Protection Act 2012, or such consent is not required under that Part.
(7)
To avoid doubt, an access restriction does not prevent or restrict —
the contribution of health information about P by a contributor in accordance with this Part; or
the collection of that health information by a System Operator, in relation to the operation, administration and maintenance of the national electronic records system.