Singapore legislation
Section 8
Section 8
Provision of information for administration of Act or Scheme
(1)
Where the Minister certifies in writing that it is necessary for an authorised person to have access to any particular class of means information in the possession of a Government department or public authority, in order to facilitate the administration or enforcement of this Act or the administration of the Scheme —
the Minister charged with the responsibility for that Government department or public authority may, in addition to any other power conferred by any written law, direct that Government department or public authority to provide to the authorised person so much of the means information as is necessary for that purpose; and
that Government department or public authority is to comply with the direction under paragraph (a), despite any other written law, and whether or not it is under any obligation (imposed by written law or otherwise) not to disclose such information.
(2)
Where the Minister certifies in writing that it is necessary for an information recipient to have access to any particular class of confidential information (other than means information) in the possession of a Government department or public authority, in order to facilitate the administration or enforcement of this Act or the administration of the Scheme —
the Minister charged with the responsibility for that Government department or public authority may, in addition to any other power conferred by any written law, direct that Government department or public authority to provide to the information recipient so much of the confidential information as is necessary for that purpose; and
that Government department or other public authority is to comply with the direction under paragraph (a), despite any other written law, and whether or not it is under any obligation (imposed by written law or otherwise) not to disclose such information.
(3)
If an individual opts out, in the manner determined by the Commissioner, from the application of subsection (1) to means information about the individual, then from the time an authorised person is notified that the individual has opted out, the authorised person must not —
access any means information about the individual obtained under that subsection; or
use or disclose under section 9 any such means information that the authorised person had previously accessed,except with the consent of that individual.
(4)
Despite the provisions of this Act or any other written law, but subject to subsection (3) —
a person is not guilty of an offence under any written law or of any breach of confidence, and does not incur any other civil liability, by virtue merely of the person disclosing any information in accordance with any direction under subsection (1)(a) or (2)(a);
an authorised person (being an officer of an information recipient) is not guilty of an offence under any written law or of any breach of confidence, and does not incur any other civil liability, by virtue merely of the authorised person (acting in good faith and with reasonable care) accessing, or disclosing to another authorised person (being an officer of the same information recipient), any means information obtained under subsection (1) in the performance of the authorised person’s duties connected with the administration or enforcement of this Act or the administration of the Scheme; and
an officer of an information recipient is not guilty of an offence under any written law or of any breach of confidence, and does not incur any other civil liability, by virtue merely of the officer (acting in good faith and with reasonable care) accessing, or disclosing to another officer of the same information recipient, any confidential information obtained under subsection (2) in the performance of the officer’s duties connected with the administration or enforcement of this Act or the administration of the Scheme.
(5)
A direction under subsection (1)(a) or (2)(a) may be given on such terms and conditions (regarding access to the information provided pursuant to the direction) as the Minister giving the direction considers appropriate.
(6)
Any person who does any act in contravention of subsection (3) 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 12 months or to both.
(7)
In this section —
Definition
“authorised person” means —
the Commissioner; or
any other officer of an information recipient who is authorised by the Minister to have access to means information obtained under subsection (1);
Definition
“information recipient” means the Commissioner, the Board or an administrator;
Definition
“officer”, in relation to an information recipient, means —
in any case where the information recipient is a Commissioner who is a public officer, the Commissioner or any public officer acting under the Commissioner’s direction;
in any case where the information recipient is a Commissioner who is an employee of a public authority, the Commissioner or any employee of the same public authority acting under the Commissioner’s direction;
in any case where the information recipient is the Board, any member, officer or employee of the Board;
in any case where the information recipient is an administrator who is a public officer, the administrator and any public officer acting under the administrator’s direction; and
in any case where the information recipient is an administrator which is a public authority (other than the Board), any member, officer or employee of the administrator.