Singapore legislation

Clause 54

of Health Information Bill

Clause 54

Recipient’s obligations

(1)

A recipient (B) must not, in relation to a use case, make a data request to a discloser (A) for the disclosure of relevant information about any individual in accordance with this Part unless all of the following apply:

(a)

B’s data request is pursuant to a data sharing agreement between A and B that relates to that use case;

(b)

the purpose for which B makes the data request comes within the scope of that use case;

(c)

B, having regard to all the circumstances of the use case, genuinely requires the relevant information for the purpose mentioned in paragraph (b).

(2)

Despite any other written law or rule of law or any obligation of confidentiality imposed by contract, B may, in relation to a data request to A, disclose to A any information about any individual to whom the data request relates if the disclosure of that information is necessary —

(a)

to identify the individual; or

(b)

to substantiate, or explain or elaborate on the purpose or scope of, B’s data request.

(3)

The information about the individual that B discloses to A under subsection (2) must not be more than the minimum that is relevant to, and is necessary for, the purposes of subsection (2)(a) or (b), as the case may be.

(4)

To avoid doubt, a data request may contain a request for the disclosure of relevant information about one or more individuals and on one or more occasions.

(5)

In addition to subsections (1) and (2), B must comply with any conditions or restrictions relating to the making of a data request that may be prescribed.

(6)

For the purposes of subsection (5), different conditions or restrictions may be prescribed for —

(a)

different recipients or classes of recipients;

(b)

different use cases; and

(c)

different types of relevant information about any individual.