Clause 11
New sections 9A and 9B
of Scams (Countermeasures) and Other Matters Bill
In the Protection from Scams Act, after section 9, insert —“Immunity for voluntary disclosure of information9A.—
Despite any obligation of a prescribed service provider as to secrecy or any other restrictions upon the disclosure of information imposed by any written law (including the Banking Act 1970 and the Personal Data Protection Act 2012), rule of law, contract or rule of professional conduct, the prescribed service provider, or an officer, employee or agent of the prescribed service provider authorised to act for the prescribed service provider —
may disclose information in the circumstances mentioned in subsection (2);
is not liable for any loss arising out of any disclosure of information in the circumstances mentioned in subsection (2); and
does not commit any offence under section 48D, 48E or 48F of the Personal Data Protection Act 2012 in disclosing information in the circumstances mentioned in subsection (2).
The circumstances mentioned in subsection (1)(a), (b) and (c) are that —
the prescribed service provider has been issued an account disabling order or disclosure order;
the information disclosed —
is obtained by the prescribed service provider in the course of complying with, or on the basis of information contained in, the order mentioned in paragraph (a);
is related to any bank account, payment account, digital payment token account, telephone line account or online account, or any user of such an account; and
is within a prescribed class of information;
the information is disclosed to a specified officer or a prescribed Singapore public sector agency in the prescribed form and manner;
the information is disclosed for the purpose of preventing any scam‑related offence in good faith and with reasonable care; and
any conditions that may be prescribed are satisfied.Immunity for voluntary actions9B.—
A service provider, or an officer, employee or agent of a service provider authorised to act for the service provider —
may prevent the use (in whole or in part) of any bank account, payment account, digital payment token account, telephone line account or online account in the circumstances mentioned in subsection (2), even if the service provider has not been issued any account disabling order relating to the account; and
is not liable for any loss arising out of any act mentioned in paragraph (a).
The circumstances mentioned in subsection (1)(a) and (b) are that —
the service provider suspects or has reason to believe that the account has been or will be used preparatory to, or in furtherance of, the commission of a scam‑related offence;
the suspicion or belief mentioned in paragraph (a) is based (in whole or in part) on information contained in an account disabling order or disclosure order issued to the service provider;
the account is prevented from use for a period of not more than 30 days;
the service provider acted in good faith and with reasonable care; and
any conditions that may be prescribed are satisfied.”.