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Part 6 · Information and End‑User Identity Matters

52. End‑user identity information collection notice

(1)

Where the Commissioner reasonably suspects that an end‑user has engaged in online harmful activity by means of an online service provided by a prescribed online service provider, the Commissioner may, by written notice, require the prescribed online service provider to —

(a)

take reasonable steps to obtain specified information of that end‑user that may identify or lead to the identification of that end‑user (whether that end‑user is in Singapore or outside Singapore);

(b)

provide to the Commissioner the specified information collected within a specified time; and

(c)

inform the Commissioner, by a specified time, of all the steps that have been taken by this time to obtain the specified information mentioned in paragraph (a).

(2)

The reasonable steps mentioned in subsection (1)(a) may include requiring the end‑user to provide the specified information in order to continue using some or all functions of the online service.

(3)

A prescribed online service provider who fails to comply with the notice mentioned in subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

if the prescribed online service provider is an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction; or

(b)

in any other case, to a fine not exceeding $500,000 and, in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction.

(4)

The Minister may prescribe steps or measures that, if taken by the prescribed online service provider, would constitute the reasonable steps mentioned in subsection (1)(a).

(5)

An online service provider may be prescribed whether the provider is located or operating in Singapore or outside Singapore.

Part 7

Reconsideration and Appeals

Part 8

Offences and Enforcement

Part 9

General and Miscellaneous

Part 10

Online Harmful Activities — Torts

Part 11

Administrators — Duties and Torts

Part 12

Online Service Providers — Duties and Torts

Part 13

Damages and Remedies

Part 14

Jurisdictional, Procedural and Miscellaneous Matters

Part 15

Amendments to Other Acts

Schedules