Singapore legislation
Clause 7
Clause 7
Unauthorised disclosure and improper use of information
(1)
If —
an individual discloses, or the individual’s conduct causes disclosure of, information under the control of a Singapore public sector agency to another person (whether or not a Singapore public sector agency);
the disclosure is not authorised by any data sharing direction given to the Singapore public sector agency;
the individual is a relevant public official of the Singapore public sector agency at the time of the disclosure; and
the individual does so —
knowing that the disclosure is not in accordance with that direction; or
reckless as to whether the disclosure is or is not in accordance with that direction,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.
(2)
In proceedings for an offence under subsection (1), it is a defence for the defendant to prove, on a balance of probabilities, that the defendant disclosed, or caused the disclosure of, information under the control of a Singapore public sector agency —
as permitted or required by or under an Act or other law (apart from this Act); or
as authorised or required by an order of court.
(3)
If an individual —
makes use of information under the control of the Singapore public sector agency when he or she is a relevant public official of a Singapore public sector agency or a contractor (or an employee thereof) supplying goods or services to a Singapore public sector agency; and
obtains a gain for himself or herself as a result of that use,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.
(4)
In proceedings for an offence under subsection (3), it is a defence for the defendant to prove, on a balance of probabilities, that the information under the control of a Singapore public sector agency was, at the time of its use by the defendant, generally available information.
(5)
In this section —
Definition
“disclose”, in relation to information, includes provide access to information;
Definition
“gain” means —
a gain in property or a supply of services (whether temporary or permanent); or
an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of remuneration;
Definition
“generally available information” means information that consists of readily observable matter, including information that consists of deductions, conclusions or inferences made or drawn from readily observable matter;
Definition
“relevant public official”, for a Singapore public sector agency, means —
an officer of the Singapore public sector agency;
a member of a Group 1, Group 2 or Group 3 public body which is that Singapore public sector agency, or of the governing body of such a public body; or
the chief executive of a Group 1, Group 2 or Group 3 public body which is that Singapore public sector agency.