Securities and Futures Act 2001 · 2020 Revised Edition · Part 2A · Trade Repositories
46O. Obligation to maintain confidentiality
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Subject to subsection (2), a licensed trade repository and its officers and employees must maintain, and aid in maintaining, the confidentiality of all user information and transaction information that —
licensed trade repository
“licensed trade repository” means a corporation that has in force a trade repository licence granted by the Authority under section 46E(1);
comes to the knowledge of the licensed trade repository or any of its officers or employees; or
is in the possession of the licensed trade repository or any of its officers or employees.
Subsection (1) does not apply to —
the disclosure of user information or transaction information for such purposes, or in such circumstances, as the Authority may prescribe;
any disclosure of user information or transaction information which is authorised by the Authority to be disclosed or provided; or
the disclosure of user information or transaction information pursuant to any requirement imposed under any written law or order of court in Singapore.
To avoid doubt, nothing in this section is to be construed as preventing a licensed trade repository from entering into a written agreement with a participant which obliges the licensed trade repository to maintain a higher degree of confidentiality than that specified in this section.
participant
“participant” means —(a)for the purposes of Part 2, a person who may participate in one or more of the services provided by an approved exchange or a recognised market operator, in its capacity as an approved exchange or a recognised market operator, as the case may be;(aa)for the purposes of Part 2A, a person who may participate in one or more of the services provided by a licensed trade repository or licensed foreign trade repository, in its capacity as a licensed trade repository or licensed foreign trade repository, as the case may be;(b)for the purposes of Part 3, a person who, under the business rules of an approved clearing house or a recognised clearing house, may participate in one or more of the services provided by the approved clearing house or recognised clearing house, in its capacity as an approved clearing house or a recognised clearing house, as the case may be; or(c)for the purposes of any other provision of this Act, a person who participates in a collective investment scheme by way of owning one or more units in a collective investment scheme;
A licensed trade repository must comply with such other requirements relating to confidentiality as the Authority may prescribe.