§ 39 — Power to access computer

39.—(1) Subject to subsection (1A), a police officer or an authorised person investigating an arrestable offence may, at any time —(a)

access, inspect and check the operation in or from Singapore of a computer (whether in Singapore or elsewhere) that the police officer or authorised person has reasonable cause to suspect is or has been used in connection with, or contains or contained evidence relating to, the arrestable offence;

(b)

use any such computer in or from Singapore, or cause any such computer to be used in or from Singapore —(i)

to search any data contained in or available to such computer; and

(ii)

to make a copy of any such data;

(c)

prevent any other person from gaining access to, or using, any such computer (including by changing any username, password or other authentication information required to gain access to the computer); or

(d)

order any person —(i)

to stop accessing or using or to not access or use any such computer; or

(ii)

to access or use any such computer only under such conditions as the police officer or authorised person may specify.[19/2018]

[Act 5 of 2024 wef 01/08/2024]

(1A) Where the data mentioned in subsection (1)(b) is customer information, an authorised person mentioned in subsection (1) must be —(a)

an authorised officer mentioned in paragraph (a) of the definition of “authorised person” in subsection (6); or

(b)

an authorised officer mentioned in paragraph (b) of the definition of “authorised person” in subsection (6) who is investigating an offence under a specified law.[Act 5 of 2024 wef 01/08/2024]

(2) The police officer or authorised person may also order any of the following persons to provide any assistance mentioned in subsection (2A):(a)

any person whom the police officer or authorised person reasonably suspects of using, or of having used, the computer in connection with the arrestable offence;

(b)

any person having charge of, or otherwise concerned with the operation of, the computer;

(c)

any person whom the police officer or authorised person reasonably believes has knowledge of or access to any username, password or other authentication information required to gain access to the computer.[19/2018]

(2A) For the purposes of subsection (2), the types of assistance are as follows:(a)

assistance to gain access to the computer (including assistance through the provision of any username, password or other authentication information required to gain access to the computer);

(b)

assistance to prevent a person (other than the police officer or authorised person) from gaining access to, or using, the computer, including assistance in changing any username, password or other authentication information required to gain access to the computer.[19/2018]

(2B) Without limiting subsection (1), where the police officer or authorised person knows that the computer mentioned in that subsection is located outside Singapore, or does not know whether that computer is located in or outside Singapore, the police officer or authorised person —(a)

may exercise the powers under subsection (1) in relation to that computer, or any data contained in or available to that computer, if —(i)

the owner of that computer consents to the exercise of those powers; or

(ii)

the police officer or authorised person obtains access to that computer through the exercise of any power of investigation under any written law, such as in any of the following circumstances:(A)

the access is obtained with the assistance mentioned in subsection (2A)(a) provided under subsection (2) by a person having charge of, or otherwise concerned with the operation of, that computer;

(B)

the access is obtained through an active connection with, or through any username, password or other authentication information stored in, another computer, which has been seized under section 35 and accessed under subsection (1);

(C)

the access is obtained through any username, password or other authentication information contained in any document seized under section 35;

(D)

the access is obtained through any username, password or other authentication information provided in any statement made by any person examined under section 22; and

(b)

may exercise the powers under subsection (1)(b) in relation to any data contained in or available to that computer, if the owner of that data consents to the exercise of those powers.[19/2018]

(3) Any person who obstructs the lawful exercise by a police officer or an authorised person of any power under subsection (1)(a), (b) or (c), or who fails to comply with any order of the police officer or authorised person under subsection (1)(d) or (2), shall be guilty of an offence and shall be liable on conviction —(a)

in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000; or

(b)

in any other case — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.[19/2018]

(4) An offence under subsection (3) is an arrestable offence.

(5) A person who had acted in good faith under subsection (1) or in compliance with a requirement under subsection (1)(d) or (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act.[19/2018]

(6) In this section and section 40 —“authorised person” means —(a)

a forensic specialist appointed under section 65A of the Police Force Act 2004, or any other person, who is authorised in writing by the Commissioner of Police for the purposes of this section or section 40 or both;

(b)

any officer of a prescribed law enforcement agency mentioned in paragraph (a), (b) or (c) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section; or

(c)

any other officer of a prescribed law enforcement agency mentioned in paragraph (d) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing, by the head of that law enforcement agency, for the purposes of this section or section 40 or both;

“customer information” —(a)

in relation to a bank or merchant bank, has the meaning given by section 40A of the Banking Act 1970; and a reference in that section to a bank is a reference to a bank or merchant bank; and

(b)

in relation to a licensed trust company, means information protected under section 49 of the Trust Companies Act 2005;

“prescribed law enforcement agency” means —(a)

the Inland Revenue Authority of Singapore;

(b)

the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders;

(c)

the Singapore Customs; or

(d)

any other law enforcement agency prescribed, by order in the Gazette, by the Minister charged with the responsibility for that law enforcement agency;

“specified law” means —(a)

in relation to an offence investigated by the Inland Revenue Authority of Singapore —(i)

the Goods and Services Tax Act 1993; or

(ii)

the Income Tax Act 1947;

(b)

in relation to an investigation of an offence conducted by the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders —(i)

the Employment Agencies Act 1958;

(ii)

the Employment of Foreign Manpower Act 1990; or

(iii)

the Prevention of Human Trafficking Act 2014; and

(c)

in relation to an offence investigated by the Singapore Customs —(i)

the Chemical Weapons (Prohibition) Act 2000;

(ii)

the Customs Act 1960;

(iii)

the Free Trade Zones Act 1966;

(iv)

the Regulation of Imports and Exports Act 1995;

(v)

the Strategic Goods (Control) Act 2002; or

(vi)

the United Nations Act 2001.[Act 5 of 2024 wef 01/08/2024]

—(1) Subject to subsection (1A), a police officer or an authorised person investigating an arrestable offence may, at any time —(a)

access, inspect and check the operation in or from Singapore of a computer (whether in Singapore or elsewhere) that the police officer or authorised person has reasonable cause to suspect is or has been used in connection with, or contains or contained evidence relating to, the arrestable offence;

(b)

use any such computer in or from Singapore, or cause any such computer to be used in or from Singapore —(i)

to search any data contained in or available to such computer; and

(ii)

to make a copy of any such data;

(c)

prevent any other person from gaining access to, or using, any such computer (including by changing any username, password or other authentication information required to gain access to the computer); or

(d)

order any person —(i)

to stop accessing or using or to not access or use any such computer; or

(ii)

to access or use any such computer only under such conditions as the police officer or authorised person may specify.[19/2018]

[Act 5 of 2024 wef 01/08/2024]

(1A) Where the data mentioned in subsection (1)(b) is customer information, an authorised person mentioned in subsection (1) must be —(a)

an authorised officer mentioned in paragraph (a) of the definition of “authorised person” in subsection (6); or

(b)

an authorised officer mentioned in paragraph (b) of the definition of “authorised person” in subsection (6) who is investigating an offence under a specified law.[Act 5 of 2024 wef 01/08/2024]

(2) The police officer or authorised person may also order any of the following persons to provide any assistance mentioned in subsection (2A):(a)

any person whom the police officer or authorised person reasonably suspects of using, or of having used, the computer in connection with the arrestable offence;

(b)

any person having charge of, or otherwise concerned with the operation of, the computer;

(c)

any person whom the police officer or authorised person reasonably believes has knowledge of or access to any username, password or other authentication information required to gain access to the computer.[19/2018]

(2A) For the purposes of subsection (2), the types of assistance are as follows:(a)

assistance to gain access to the computer (including assistance through the provision of any username, password or other authentication information required to gain access to the computer);

(b)

assistance to prevent a person (other than the police officer or authorised person) from gaining access to, or using, the computer, including assistance in changing any username, password or other authentication information required to gain access to the computer.[19/2018]

(2B) Without limiting subsection (1), where the police officer or authorised person knows that the computer mentioned in that subsection is located outside Singapore, or does not know whether that computer is located in or outside Singapore, the police officer or authorised person —(a)

may exercise the powers under subsection (1) in relation to that computer, or any data contained in or available to that computer, if —(i)

the owner of that computer consents to the exercise of those powers; or

(ii)

the police officer or authorised person obtains access to that computer through the exercise of any power of investigation under any written law, such as in any of the following circumstances:(A)

the access is obtained with the assistance mentioned in subsection (2A)(a) provided under subsection (2) by a person having charge of, or otherwise concerned with the operation of, that computer;

(B)

the access is obtained through an active connection with, or through any username, password or other authentication information stored in, another computer, which has been seized under section 35 and accessed under subsection (1);

(C)

the access is obtained through any username, password or other authentication information contained in any document seized under section 35;

(D)

the access is obtained through any username, password or other authentication information provided in any statement made by any person examined under section 22; and

(b)

may exercise the powers under subsection (1)(b) in relation to any data contained in or available to that computer, if the owner of that data consents to the exercise of those powers.[19/2018]

(3) Any person who obstructs the lawful exercise by a police officer or an authorised person of any power under subsection (1)(a), (b) or (c), or who fails to comply with any order of the police officer or authorised person under subsection (1)(d) or (2), shall be guilty of an offence and shall be liable on conviction —(a)

in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000; or

(b)

in any other case — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.[19/2018]

(4) An offence under subsection (3) is an arrestable offence.

(5) A person who had acted in good faith under subsection (1) or in compliance with a requirement under subsection (1)(d) or (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act.[19/2018]

(6) In this section and section 40 —“authorised person” means —(a)

a forensic specialist appointed under section 65A of the Police Force Act 2004, or any other person, who is authorised in writing by the Commissioner of Police for the purposes of this section or section 40 or both;

(b)

any officer of a prescribed law enforcement agency mentioned in paragraph (a), (b) or (c) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section; or

(c)

any other officer of a prescribed law enforcement agency mentioned in paragraph (d) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing, by the head of that law enforcement agency, for the purposes of this section or section 40 or both;

“customer information” —(a)

in relation to a bank or merchant bank, has the meaning given by section 40A of the Banking Act 1970; and a reference in that section to a bank is a reference to a bank or merchant bank; and

(b)

in relation to a licensed trust company, means information protected under section 49 of the Trust Companies Act 2005;

“prescribed law enforcement agency” means —(a)

the Inland Revenue Authority of Singapore;

(b)

the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders;

(c)

the Singapore Customs; or

(d)

any other law enforcement agency prescribed, by order in the Gazette, by the Minister charged with the responsibility for that law enforcement agency;

“specified law” means —(a)

in relation to an offence investigated by the Inland Revenue Authority of Singapore —(i)

the Goods and Services Tax Act 1993; or

(ii)

the Income Tax Act 1947;

(b)

in relation to an investigation of an offence conducted by the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders —(i)

the Employment Agencies Act 1958;

(ii)

the Employment of Foreign Manpower Act 1990; or

(iii)

the Prevention of Human Trafficking Act 2014; and

(c)

in relation to an offence investigated by the Singapore Customs —(i)

the Chemical Weapons (Prohibition) Act 2000;

(ii)

the Customs Act 1960;

(iii)

the Free Trade Zones Act 1966;

(iv)

the Regulation of Imports and Exports Act 1995;

(v)

the Strategic Goods (Control) Act 2002; or

(vi)

the United Nations Act 2001.[Act 5 of 2024 wef 01/08/2024]