Singapore legislation
Regulation 10
of Securities and Futures (Organised Markets) Regulations 2018
Regulation 10
Exceptions to obligation to maintain confidentiality
Subregulation 1
For the purposes of section 21(2)(a) of the Act, section 21(1) of the Act does not apply to the disclosure of user information by an approved exchange or its officers or employees for the following purposes or in the following circumstances:
where the disclosure of user information —
is necessary for the making of a complaint or report under any written law of an offence alleged or suspected to have been committed under that written law; and
is made for that purpose;
where the disclosure of user information —
is permitted for a purpose specified in writing by the user or, if the user has died, by the user’s personal representative; and
is made for that purpose;
where the disclosure of user information is made to the approved holding company (if any) of the approved exchange;
where the disclosure of user information —
is necessary for the execution by the approved exchange of a transaction in any issued securities, issued units in collective investment schemes or derivatives contracts or for the clearing or settlement of a transaction; and
is made only to another user who is —
a party to the transaction; or
a member of an approved exchange, an approved clearing house or a recognised clearing house through which that transaction is executed, cleared or settled; (e)where the disclosure of user information —
is necessary in disciplinary proceedings of the approved exchange; and
is made for that purpose;
where the disclosure of user information —
is necessary for the publication of information on disciplinary proceedings, or on the outcome of disciplinary proceedings, of the approved exchange; and
is made for that purpose;
where the user information that is disclosed is in the public domain;
where the approved exchange enters into a contract for service (including a contract for service to perform one or more functions of the approved exchange, a contract for service to create, install or maintain one or more systems of the approved exchange, or a contract for service to provide legal, consulting or professional services to the approved exchange) with a person, and the disclosure of user information —
is necessary for the performance of that contract for service; and
is made to that person for the purpose of the performance of that contract for service;
where the disclosure of user information —
is necessary, or is required by the Public Trustee, the Commissioner of Estate Duties or the equivalent in a foreign jurisdiction of the Public Trustee or the Commissioner of Estate Duties, for the purpose of —
an application for a grant of probate or letters of administration, or the resealing of a grant of probate or letters of administration, in relation to the estate of a deceased user; or
the administration of the estate of a deceased user; and
is made for that purpose;
where the disclosure of user information is made in connection with —
the bankruptcy of a user who is an individual; or
the winding up, receivership or judicial management of a user that is a body corporate.
Subregulation 2
Where user information is disclosed under paragraph (1)(e), the approved exchange must take reasonable steps to ensure that the person to whom the disclosure is made uses that user information only for the purpose of any disciplinary proceeding of the approved exchange.
Subregulation 3
Where user information is disclosed under paragraph (1)(h), the approved exchange must —
maintain, and make available for inspection by the Authority, a record of —
the circumstances relating to the disclosure of user information; and
the particulars of the contract for service mentioned in paragraph (1)(h); and
take reasonable steps to ensure that the person to whom the disclosure is made (called in this paragraph A) —
uses that user information only for the purpose of performing the contract for service mentioned in paragraph (1)(h); and (ii)does not further disclose that user information to any other person (called in this paragraph B) unless —
the approved exchange consents to the further disclosure;
A maintains, and makes available for inspection by the Authority, a record of the circumstances relating to the further disclosure; and
A takes reasonable steps to ensure that B uses that user information only for the purpose of performing the contract for service mentioned in paragraph (1)(h).