COVID-19 (Temporary Measures) (Amendment) Bill

The Singapore Land Authority, established by section 3 of the Singapore Land Authority Act (Cap. 301), has the functions and duties of —

assisting the Minister in, or otherwise facilitating, the Minister’s appointment of the Registrar of rental relief assessors, Deputy Registrars of rental relief assessors and the panel of rental relief assessors; and

establishing the registry through which the Registrar of rental relief assessors, Deputy Registrars of rental relief assessors and rental relief assessors may carry out their functions and duties under this Division, and providing administrative support services to enable those persons to carry out, or otherwise to facilitate their carrying out, those functions and duties.(2) The Singapore Land Authority, in carrying out the functions and duties under subsection (1), is taken to be carrying out a function or duty under the Singapore Land Authority Act.”.

assisting the Minister for Law in, or otherwise facilitating, the Minister for Law’s appointment of the Registrar of rental relief assessors, a Deputy Registrar of rental relief assessors or the panel of rental relief assessors under section 19K or 19L of the principal Act; or

establishing the registry through which the Registrar of rental relief assessors, Deputy Registrars of rental relief assessors and rental relief assessors may carry out their functions and duties under Division 4 of Part 2A of the principal Act, and providing administrative support services to enable those persons to carry out, or otherwise to facilitate their carrying out, those functions and duties,is taken to have been validly done as if section 19LA of the principal Act were in force at the time the act was done and, on or after 1 February 2021, no legal or other proceedings may be instituted or any question raised in any such proceedings on account of or in respect of such validity.

by deleting the words “, (c) and (d)” in paragraph (a) of the definition of “Minister” and substituting the words “to (e)”;

by deleting the word “and” at the end of paragraph (c) of the definition of “Minister”; and

by inserting the word “and” at the end of paragraph (d) of the definition of “Minister”, and by inserting immediately thereafter the following paragraph:“(e)for the purposes of Part 11 — the Minister charged with the responsibility for digital Government and public sector data governance;”.

could be a source of COVID-19 infection; or

having been, or suspected to have been, directly or indirectly in contact with an infected individual or any other individual, or at a particular place, could be at risk of being infected with COVID‑19;“contractor”, in relation to a public sector agency, means a person who is engaged to perform any function of or supply any goods or services to the agency, and includes an employee of that person;“criminal proceeding” includes any pre‑trial procedure, inquiry, trial or other proceeding in court;“data administrator”, in relation to a digital contact tracing system, means a public sector agency designated by the Minister to administer data collected by or recorded in the digital contact tracing system;“digital contact tracing system” means an information technology system comprising one or more types of digital contact tracing tools, that is specified in the Sixth Schedule;“digital contact tracing tool” means any token, software, application, Internet website or apparatus designed to facilitate the carrying out of contact tracing, that records one or more of the following:

the entry or exit of an individual to or from any place;

proximity information;

the date, time and duration of the entry, exit or proximity;“officer of a public sector agency” means a public officer holding a post in a public sector agency or an employee of a public sector agency, and includes an individual under a secondment arrangement making available temporarily to a public sector agency the service of the individual;“personal contact tracing data” means entry or exit records, proximity information or other data —

collected using any digital contact tracing tool or combination of digital contact tracing tools, that is part of a digital contact tracing system; and (b)which, by itself or with other information, identifies any individual; Explanation Anonymised data, such as aggregated data about the individuals who entered a place on a certain date or de‑identified data, is not personal contact tracing data.“personal device” means —

a mobile phone or other similar device on which a digital contact tracing tool is installed or which is used to access a digital contact tracing tool; or

a token containing a wireless transmitter, designed or capable of being used as a digital contact tracing tool;“proximity information” means information about the proximity of an individual’s personal device to another personal device or to any apparatus on which a digital contact tracing tool is installed;“public sector agency” means any of the following:

a Ministry or department of the Government;

a body corporate established by a public Act for the purposes of a public function;

an Organ of State, excluding a court;“serious offence” means an offence within any of the categories specified in the Seventh Schedule, and includes an abetment of or attempt, conspiracy or common intention to commit such an offence.Application of this Part

Subject to this section, the personal contact tracing data recorded in any digital contact tracing system is to be used by a public sector agency only to carry out or facilitate contact tracing (including to administer or maintain the digital contact tracing tools and digital contact tracing system).(2) No police officer or other officer of any law enforcement agency, in the exercise of any power under the Criminal Procedure Code (Cap. 68) or other written law, may order the disclosure or production of, or search, access or seize, any personal contact tracing data for any investigation or criminal proceeding, except an investigation or criminal proceeding in respect of a serious offence.(3) No officer of a public sector agency, in the performance of his or her duties or functions under any written law, may require the disclosure or production of any personal contact tracing data, except for the purpose permitted by subsection (1).(4) A person is not obliged to comply with any order or direction to provide any personal contact tracing data made in contravention of subsection (2) or (3).(5) Any officer of a public sector agency, contractor engaged by a public sector agency, police officer or other officer of any law enforcement agency who —

has access to personal contact tracing data in the course of the officer’s or contractor’s employment or engagement; and

uses or discloses any of the personal contact tracing data for any purpose other than —

the purpose permitted by subsection (1);

an investigation or criminal proceeding in respect of a serious offence; or

an investigation or criminal proceeding in respect of an offence under this subsection,commits an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.(6) Subsections (1) to (5) apply despite any other written law requiring or allowing disclosure of the personal contact tracing data.(7) Subsection (5) does not prevent the disclosure to an individual of personal contact tracing data to which the individual has any right of access, whether by any rule of law or otherwise, and nothing in this section affects an individual’s ability to use any personal contact tracing data in his or her possession.(8) Upon the determination by the Minister of a date after which a digital contact tracing system is no longer required to prevent or control the spread of COVID‑19, the data administrator of the digital contact tracing system must —

stop the collection of any personal contact tracing data by the digital contact tracing system after that date; and

despite section 14D of the National Library Board Act (Cap. 197), as soon as is reasonably practicable after that date, delete or cause to be deleted all personal contact tracing data in the possession or under the control of the data administrator from the digital contact tracing system, and any other record of personal contact tracing data from the digital contact tracing system used by a public sector agency for the purpose of contact tracing.(9) To avoid doubt, the processing of personal contact tracing data to produce anonymised data is not use of the personal contact tracing data for the purposes of subsections (1) and (5). Appointment of authorised persons83.—

The Minister may appoint one or more officers of a public sector agency as authorised persons for the administration and enforcement of this Part, either generally or for any particular provision of this Part.(2) An authorised person appointed for the purpose mentioned in subsection (1) has all the powers of a police officer not below the rank of inspector under the Criminal Procedure Code in relation to an investigation into a non‑arrestable offence, and for this purpose a reference to a police officer in section 16(2) and (3) of the Criminal Procedure Code (and in the provisions of that Code applied by that provision) is to be read as a reference to an authorised person.(3) No liability shall lie against an authorised person with respect to anything done or omitted to be done in good faith and with reasonable care in the discharge or purported discharge of the authorised person’s functions and duties under this Part.Amendment of Sixth Schedule84.—

The Minister may, by order in the Gazette, add to the Sixth Schedule.(2) The Minister may, in any order made under subsection (1), make such saving or transitional provisions as may be necessary or expedient.(3) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.”.