Singapore legislation
Clause 43
Clause 43
Directions relating to access, collection, possession and control of accessible health information by unauthorised persons
(1)
This section applies to a person (X) that is not a user, or an authorised individual of a user within the meaning of section 18(1) or (2).
(2)
If —
the Minister has reason to believe that X is contravening or has contravened section 39(1), and it is necessary for X to take any action mentioned in paragraph (c) or (d) in order to prevent or minimise any harm or damage to any individual pending the outcome of any proceedings against X for an offence arising from that contravention; or
X is convicted of an offence arising from a contravention of section 39(1),the Minister may, by written notice, direct X —
to stop accessing or collecting accessible health information about any individual; and
to delete or destroy all copies of any such accessible health information that is in the possession or under the control of X.
(3)
If the Minister has reason to believe that —
accessible health information about any individual is in the possession or under the control of X; and
X’s possession or control of that accessible health information is not required or permitted under this Act or any other written law, or by an order of court,the Minister may, by written notice, direct X to delete or destroy all copies of that accessible health information that is in the possession or under the control of X.
(4)
If the Minister directs X to take any action under subsection (2)(d) or (3), the Minister may additionally direct X —
to delete or destroy the copies of the accessible health information in the manner specified by the Minister; or
to certify to the Minister that the copies of the accessible health information have been deleted or destroyed.
(5)
A person who, without reasonable excuse, fails to comply with the Minister’s direction under subsection (2), (3) or (4) 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 each day or part of a day during which the offence continues after conviction.
(6)
For the purposes of this section, the possession or control of accessible health information about an individual is not considered to be required or permitted under any written law merely because the individual has consented or has given his or her consent in accordance with Part 4 of the Personal Data Protection Act 2012, or such consent is not required under that Part.