Singapore legislation

Clause 34

Action against contravening contributors, users, etc.

(1)

Subject to this section and section 35, an authorised officer may in writing direct a System Operator to take any action described in subsection (2) against a contributor or user or an authorised individual of a user (each X) if —

(a)

the authorised officer is satisfied that X is contravening or has contravened any requirement under this Part, the contravention of which is not an offence under this Act;

(b)

the authorised officer —

(i)

has reason to believe that X is contravening or has contravened any provision of this Act, the contravention of which is an offence under this Act; and

(ii)

is satisfied that it is necessary to take the action in order to prevent or minimise any harm or damage to the national electronic records system pending the outcome of any proceedings against X for an offence arising from any contravention mentioned in sub‑paragraph (i);

(c)

X has been convicted of an offence under this Act; or

(d)

the authorised officer is satisfied that the public interest so requires.

(2)

The actions that an authorised officer may direct a System Operator to take against X in respect of any of the circumstances mentioned in subsection (1) are as follows:

(a)

where X is a contributor — prevent X from contributing health information about any individual;

(b)

where X is a user —

(i)

prevent X and any authorised individual of X from accessing or collecting accessible health information about any individual; or

(ii)

allow X and any authorised individual of X to access or collect only —

(A)

the types of accessible health information about any individual that are specified by the authorised officer; or

(B)

accessible health information about the classes of individuals that are specified by the authorised officer;

(c)

where X is an authorised individual of a user —

(i)

prevent X from accessing or collecting accessible health information about any individual;

(ii)

allow X to access or collect only —

(A)

the types of accessible health information about any individual that are specified by the authorised officer; or

(B)

accessible health information about the classes of individuals that are specified by the authorised officer; or

(iii)

require the user to appoint an individual approved by the authorised officer to supervise X’s access and collection of accessible health information;

(d)

where X is an authorised individual of a specified user — revoke the approval of X under section 18(1)(a)(iv).

(3)

For the purposes of subsection (1)(c), the authorised officer must accept the person’s conviction as final.

Read in full context — Health Information Bill →