§ 35 — Limits to disclosure of information provided due to section 32 requirement

35.—(1) Subsection (2) applies to —(a)

the Director‑General, Food Security to whom any information is provided because of a requirement under section 32; and

(b)

a Singapore public sector agency or other person to whom the information is disclosed by or under the authority of the Director‑General, Food Security under this section.

(2) Information provided because of a requirement under section 32 must not be disclosed to a person who is not a Singapore public sector agency —(a)

except as required by an order of court, or for the purposes of any criminal proceedings for an offence under this Part or any Part 2 Rules; or

(b)

except in an anonymised form, for any other purposes.

(3) If —(a)

a person discloses, or the person’s conduct causes disclosure of, information provided because of a requirement under section 32;

(b)

the disclosure is not authorised by this section; and

(c)

the person does so —(i)

knowing that the disclosure is not authorised by this section; or

(ii)

reckless as to whether the disclosure is or is not authorised by this section,

the person 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 2 years or to both.

(4) In proceedings for an offence under subsection (3), it is a defence for the person charged to prove, on a balance of probabilities, any of the following:(a)

the information was, at the time of its disclosure by the person charged, information that consists of readily observable matter, including information that consists of deductions, conclusions or inferences made or drawn from readily observable matter;

(b)

the person charged disclosed or caused the disclosure of information as authorised or required by an order of court.

(5) In subsection (2), “anonymised form”, for any information or particulars, means any form that will not identify, and is not reasonably capable of being used to identify, any person to whom the information or particulars relate.

(6) To avoid doubt, this section does not affect the authorisation to share any information under the control of a Singapore public sector agency with another Singapore public sector agency to the extent permitted by any data sharing direction given under the Public Sector (Governance) Act 2018.

—(1) Subsection (2) applies to —(a)

the Director‑General, Food Security to whom any information is provided because of a requirement under section 32; and

(b)

a Singapore public sector agency or other person to whom the information is disclosed by or under the authority of the Director‑General, Food Security under this section.

(2) Information provided because of a requirement under section 32 must not be disclosed to a person who is not a Singapore public sector agency —(a)

except as required by an order of court, or for the purposes of any criminal proceedings for an offence under this Part or any Part 2 Rules; or

(b)

except in an anonymised form, for any other purposes.

(3) If —(a)

a person discloses, or the person’s conduct causes disclosure of, information provided because of a requirement under section 32;

(b)

the disclosure is not authorised by this section; and

(c)

the person does so —(i)

knowing that the disclosure is not authorised by this section; or

(ii)

reckless as to whether the disclosure is or is not authorised by this section,

the person 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 2 years or to both.

(4) In proceedings for an offence under subsection (3), it is a defence for the person charged to prove, on a balance of probabilities, any of the following:(a)

the information was, at the time of its disclosure by the person charged, information that consists of readily observable matter, including information that consists of deductions, conclusions or inferences made or drawn from readily observable matter;

(b)

the person charged disclosed or caused the disclosure of information as authorised or required by an order of court.

(5) In subsection (2), “anonymised form”, for any information or particulars, means any form that will not identify, and is not reasonably capable of being used to identify, any person to whom the information or particulars relate.

(6) To avoid doubt, this section does not affect the authorisation to share any information under the control of a Singapore public sector agency with another Singapore public sector agency to the extent permitted by any data sharing direction given under the Public Sector (Governance) Act 2018.