Singapore legislation

Regulation 26

of Online Criminal Harms (Appeals to Minister) Regulations 2024

Regulation 26

Requests for confidential treatment

Subregulation 1

A request for the confidential treatment of a document, or part of a document, filed or provided in connection with any appeal proceedings —

(a)

must be made in writing by the person who filed or provided the document, not later than 2 working days after the filing or provision of the document;

(b)

must, where the request relates to part of a document, state the relevant words, figures or passages for which confidentiality is claimed; and

(c)

must contain the reasons for the request and, where the request relates to part of a document, the reasons specific to each part of the document.

Subregulation 2

The person making the request for the confidential treatment of a document or part of a document under paragraph (1) must also file with the Minister, if the person considers it possible to summarise or redact the material in the document, a non‑confidential version of the document in a form which can be served on any party to the appeal proceedings concerned.

Subregulation 3

A request for confidential treatment must not be considered by the Minister if the request does not comply with paragraphs (1) and (2).

Subregulation 4

The Minister may grant confidential treatment in relation to a document or part of a document, on any terms and conditions that the Minister considers fit (including changes to the summary or redacting of material in any non‑confidential version filed under paragraph (2)), if the Minister is satisfied that the document or part of the document contains ––

(a)

information the disclosure of which would, in the Minister’s opinion, be prejudicial to —

(i)

Singapore’s national security;

(ii)

the prevention or detection of serious crime;

(iii)

the economic wellbeing of Singapore; or

(iv)

the continued discharge of the functions of any of the intelligence services of Singapore;

(b)

information the disclosure of which would, in the Minister’s opinion, be contrary to the public interest;

(c)

information relating to the private affairs of an individual the disclosure of which, in the Minister’s opinion, would or may significantly harm the interests of the individual; or

(d)

commercial information the disclosure of which, in the Minister’s opinion, would or may significantly harm the legitimate business interests of the undertaking to which it relates.

Subregulation 5

Where the Minister makes a decision to grant confidential treatment in relation to a document or part of a document under paragraph (4) in connection with any appeal proceedings and the person who made the request under paragraph (1) for that confidential treatment is a party to the appeal proceedings —

(a)

in the case where the grant of confidential treatment is subject to changes to the summary or redacting of material in any non‑confidential version of that document filed under paragraph (2) —

(i)

the party making the request for the confidential treatment must, not later than 5 working days after the Minister’s decision —

(A)

accordingly revise the non‑confidential version of that document filed; and

(B)

file the revised non‑confidential version with the Minister; and

(ii)

the Appeals Secretary must, not later than 7 working days after the revised non‑confidential version is filed under sub‑paragraph (a)(i)(B), forward a copy of that revised non‑confidential version to the other party to the appeal proceedings, notifying the other party that it has been summarised or redacted; or

(b)

in any other case — the Appeals Secretary must, not later than 7 working days after the Minister’s decision, forward a copy of the non‑confidential version filed under paragraph (2) (if any) to the other party to the appeal proceedings, notifying the other party that it has been summarised or redacted.

Subregulation 6

The document or part of the document for which confidential treatment has been granted under paragraph (4), and the existence of that document or part of that document, must not be disclosed to any person except to —

(a)

the Minister; or

(b)

if the Minister considers necessary, any Appeals Advisory Committee appointed by the Minister under section 27(1) of the Act in relation to the appeal.