Singapore legislation

Clause 6

of Public Sector (Governance) (Amendment) Bill

Clause 6

Amendment of section 7

In the principal Act, in section 7 —

(a)

in subsections (1)(b) and (3)(b) and (d)(i) and (ii), replace “data sharing direction” with “data sharing and use direction or further authorisation”;

(b)

in subsection (1)(d)(i) and (ii), after “direction”, insert “or further authorisation”;

(c)

after subsection (1), insert —“(1A) If —

(a)

information (other than personal data) has been shared by a Singapore public sector agency with a non‑public sector person in accordance with a data sharing and use direction;

(b)

an individual discloses, or the individual’s conduct causes disclosure of, the information to another person (whether or not a Singapore public sector agency);

(c)

the disclosure is not authorised by the data sharing and use direction or by any further authorisation given pursuant to that direction;

(d)

the individual is an employee or officer of the non‑public sector person at the time of the disclosure; and

(e)

the individual does so —

(i)

knowing that the disclosure is not authorised by that data sharing and use direction or further authorisation; or

(ii)

reckless as to whether the disclosure is authorised by that data sharing and use direction or further authorisation,the individual shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.”;

(d)

in subsection (2), replace “subsection (1)” with “subsection (1) or (1A)”;

(e)

in subsection (2)(a), delete “under the control of the Singapore public sector agency”;

(f)

in subsections (2)(b) and (6), delete “under the control of a Singapore public sector agency”;

(g)

after subsection (4), insert —“(4A) If —

(a)

information (other than personal data) has been shared by a Singapore public sector agency with a non‑public sector person in accordance with a data sharing and use direction;

(b)

an individual makes use of the information;

(c)

the use is not authorised by the data sharing and use direction or by any further authorisation given pursuant to that direction;

(d)

the individual is an employee or officer of the non‑public sector person at the time of the use; (e)the individual does so —

(i)

knowing that the use is not authorised by that data sharing and use direction or further authorisation; or

(ii)

reckless as to whether the use is authorised by that data sharing and use direction or further authorisation; and

(f)

the individual as a result of that use —

(i)

obtains a gain for the individual or another person;

(ii)

causes harm to another individual; or

(iii)

causes a loss to another person,the individual shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.”;

(h)

in subsection (5), replace “subsection (3) or (4)” with “subsection (3), (4) or (4A)”;

(i)

in subsection (5)(a) and (b), delete “under the control of A”; and

(j)

in subsection (7), after the definition of “loss”, insert —“ “officer” —

(a)

in relation to a non‑public sector person that is a corporation or partnership, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —

(i)

any person purporting to act in any such capacity; and

(ii)

for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; and

(b)

in relation to a non‑public sector person that is an unincorporated association (other than a partnership), means the president, the secretary or any member of the committee of the unincorporated association, and includes —

(i)

any person holding a position analogous to that of president, secretary or member of the committee of the unincorporated association; and

(ii)

any person purporting to act in any such capacity;”.