Clause 84

an event (called in this section a critical event) has occurred or is likely to occur that involves or results in or is likely to involve or result in —

the unauthorised disclosure, modification, transmission, conveyance or destruction of health information or relevant information in the possession or under the control of a person mentioned in section 83(1); or

the inability to access health information or relevant information in the possession or under the control of a person mentioned in section 83(1) in a timely manner or at all;

the occurrence or likely occurrence of a critical event, in the Minister’s opinion —

causes or is likely to cause serious and irreversible harm to the health, safety or welfare of a substantial number of individuals in Singapore;

represents or is likely to represent a serious and imminent threat to public health; or

causes or is likely to cause serious disruption to the safe, secure and efficient provision of any healthcare service or community health service in Singapore.

to prevent —

the loss of, or any damage to the accuracy, integrity or completeness of, health information or relevant information in the possession or under the control of the specified person; or

the loss of, or any damage to, any computer, computer system, device or other equipment used by, in the possession of or under the control of the specified person that is used to process health information or relevant information; or

to remedy or mitigate any loss or damage mentioned in paragraph (a) that has occurred.

require or authorise the specified person to direct another person to take any measure in relation to the processing of health information or relevant information that is necessary to prevent, detect or counter the critical event; or

require the specified person to provide to the Minister any information relating to —

health information or relevant information that is or is likely to be affected by the critical event; or

any computer, computer system, device or other equipment used by the specified person to process health information or relevant information.

does not confer any right to the production of, or of access to, information subject to legal privilege; and

subject to paragraph (a), has effect despite any obligation or limitation imposed or any right, privilege or immunity conferred by or under any written law, rule of law, contract or rule of professional conduct or ethics, including any restriction on the disclosure of information imposed by any written law, rule of law, contract or rule of professional conduct or ethics.

obstructs a specified person in the taking of any measure or in complying with any requirement under subsection (2); or

fails to comply with any direction given by a specified person pursuant to subsection (3)(a),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 10 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.

a specified person for doing or omitting to do any act if the specified person had done or omitted to do the act in good faith and for the purpose of or as a result of taking any measure or complying with any requirement under subsection (2); or

a person for doing or omitting to do any act if the person had done or omitted to do the act in good faith and for the purpose of or as a result of complying with a direction given by a specified person for the purpose of taking any such measure or complying with any such requirement.

a specified person who, in good faith, obtains any information for the purpose of taking any measure under subsection (2) or complying with any requirement under that subsection, or who discloses any information to the Minister in compliance with any requirement under that subsection;

a person who, in good faith, obtains any information, or discloses any information to a specified person, in compliance with a direction given by the specified person for the purpose of taking any measure under subsection (2) or complying with any requirement under that subsection.

a specified person to whom a person has provided information in compliance with a direction given by the specified person for the purpose of taking any measure or complying with any requirement under subsection (2);

a person to whom a specified person provides information in compliance with any requirement under subsection (2),must not use or disclose the information except —

with the written permission of the person from whom the information was obtained or, where the information is the confidential information of a third person, with the written permission of the third person;

for the purpose mentioned in subsection (2)(a) or (b) in relation to which the specified person or the person mentioned in paragraph (b) (as the case may be) was provided the information;

to disclose to any investigation officer, police officer or other law enforcement authority any information which discloses the commission of an offence under this Act or any other written law; or

in compliance with the provisions of this Act or any other written law or an order of court.

no information for that offence may be admitted in evidence in any civil or criminal proceedings; and

no witness in any civil or criminal proceedings is obliged —

to disclose the name, address or other particulars of any informer who has given information with respect to that offence; or

to answer any question if the answer would lead, or would tend to lead, to the discovery of the name, address or other particulars of the informer.