Confidential information
26.—(1) Where the Minister certifies, under the Minister’s hand, that a public officer, a public authority or any other organisation or person (called in this subsection the recipient organisation) requires any particular class of confidential information about a person (called in this subsection the person concerned), which is in the possession of a Government department or another public authority, for the administration or enforcement of the Scheme or in order to disburse or facilitate the disbursement of any grant, subsidy or benefit under a healthcare‑related public scheme, in relation to the person concerned —(a)
the Minister charged with the responsibility for that Government department or other public authority may, in addition to any other power conferred by any written law, direct that Government department or other public authority to provide so much of the confidential information to the recipient organisation as the recipient organisation requires for that purpose; and
(b)
that Government department or other public authority is to comply with the direction under paragraph (a).
(2) The Board may use so much of the confidential information about a person, obtained by the Board before, on or after 10 March 2015 in the course of performing the Board’s functions or duties under the CPF Act, to administer or enforce the Scheme in relation to that person as —(a)
the Minister certifies, under the Minister’s hand, to be required by the Board for that purpose; and
(b)
the Minister charged with the responsibility for the Board approves to be used for that purpose.
(3) The Board may use so much of the confidential information about a person obtained by the Board in the course of performing its functions or duties under this Act to perform the Board’s functions and duties under the CPF Act in relation to that person as the Minister approves to be used for that purpose.
(4) A person who had consented, before 10 March 2015, to the Board disclosing information about that person in the Board’s possession to an insurer to administer or operate an insurance scheme referred to in section 77(1)(k) of the CPF Act in relation to that person, or that person’s dependant, is deemed to consent to the Board disclosing information, obtained by the Board on or after that date in the course of administering or enforcing the CPF Act or this Act, to that insurer to administer or operate that insurance scheme (whether pursuant to regulations made under section 77(1)(k) of the CPF Act or regulations made under section 34(2)(j)), until the deemed consent is withdrawn.
(5) Subsections (1), (2) and (3) do not apply to —(a)
confidential information about a person obtained directly or indirectly from a medical institution or a medical practitioner employed or engaged by that medical institution, who attended to that person; and[Act 40 of 2024 wef 01/04/2025]
(b)
means information.
Health information
27.—(1) Where the Minister certifies, under the Minister’s hand, that an authorised person requires confidential information about a person (called in this section a person concerned) which is in the possession of a medical institution or a medical practitioner employed or engaged by that medical institution, who attended to the person concerned, in order to —(a)
assess whether premium loading under the Scheme applies to the person concerned on account of a pre‑existing medical condition; or
(b)
assess a claim for benefits under the Scheme by the person concerned,
the authorised person may request that medical institution or medical practitioner to provide so much of the confidential information to the authorised person as the authorised person needs for that purpose.
[Act 40 of 2024 wef 01/04/2025]
(2) Where any confidential information about a person concerned has been obtained under subsection (1), an authorised person may —(a)
access or use, or disclose to another authorised person, such confidential information for the purposes certified by the Minister under subsection (1); or
(b)
disclose such confidential information to any person for the administration or enforcement of the Scheme, or to an insurer to administer or operate an insurance scheme referred to in section 77(1)(k) of the CPF Act or section 34(2)(j) in relation to the person concerned but only if the information is disclosed —(i)
with the approval of the Minister; and
(ii)
in the form of a report stating whether that person concerned has any pre‑existing medical condition (without identifying the pre‑existing medical condition) and the amount of premium loading applicable to the premium payable by that person.
(3) If a person concerned opts out, in the manner determined by the Minister, from the provision of information about the person concerned for the purposes of subsection (1)(a), an authorised person must not, from the time the authorised person is notified that the person concerned has opted out, except with the consent of the person concerned —(a)
request a medical institution or a medical practitioner to provide the information under subsection (1)(a); or
(b)
access or use any information obtained under subsection (1)(a).
(4) A person who has not attained 21 years of age (called in this subsection the minor) may opt out from the provision of information about the minor for the purposes of subsection (1)(a) only if —(a)
the minor has attained 16 years of age; and
(b)
any other person who is liable to pay the minor’s premium under section 4(1)(c)(ii) does not object to the opting out by the minor.
Means information, household composition, etc.
28.—(1) Where an authorised person requests for means information about a person (called in this section the person concerned), which is in the possession of a relevant authority, for any purpose mentioned in subsection (1A), the relevant authority is to provide to the authorised person so much of that means information as —(a)
the Minister certifies, under the Minister’s hand, to be required by the authorised person for that purpose; and
(b)
the Minister charged with the responsibility for the relevant authority approves to be provided for that purpose.
[Act 40 of 2024 wef 01/04/2025]
(1A) The purpose mentioned in subsection (1) is any of the following:(a)
to assess the eligibility of any person for any grant, subsidy or benefit under a relevant public scheme;
(b)
to determine if any of the powers in Part 3 should be exercised in relation to any person.
[Act 40 of 2024 wef 01/04/2025]
(2) An authorised person may access or use, or disclose to another authorised person, any means information provided under subsection (1) for the purposes for which the information was provided.
(3) An authorised person may provide means information about a person concerned obtained under subsection (1) for the purpose mentioned in subsection (1A)(a) to any public authority or other organisation or person that is responsible for a prescribed public scheme (called in this subsection a recipient organisation) or any officer, employee or agent of the recipient organisation, for the recipient organisation to disburse, or facilitate the disbursement of, a grant, subsidy or benefit under the prescribed public scheme, only —(a)
in the form of a report derived from such means information stating whether any person satisfies the eligibility criteria for a grant, subsidy or benefit under a relevant public scheme or any tier or category within such eligibility criteria (whether or not the report includes any information other than means information);
(b)
at the request of the recipient organisation; and
(c)
with the approval of the Minister.
[Act 40 of 2024 wef 01/04/2025]
(4) If a person concerned opts out, in the manner determined by the Minister, from the provision of means information about the person concerned for the purpose mentioned in subsection (1A)(a), an authorised person must not, from the time the authorised person is notified that the person concerned has opted out, except with the consent of the person concerned —(a)
request the information under subsection (1) for that purpose; or[Act 40 of 2024 wef 01/04/2025]
(b)
access or use any information obtained under subsection (1) for that purpose.[Act 40 of 2024 wef 01/04/2025]
[Act 40 of 2024 wef 01/04/2025]
(5) If a person concerned opts out, in the manner determined by the Minister, from the provision of information about the person concerned under subsection (3) for the disbursement, or for facilitating the disbursement, of all grants, subsidies or benefits under all prescribed public schemes, an authorised person must not from the time the authorised person is notified that the person concerned has opted out, disclose the information under subsection (3), except with the consent of the person concerned.
(6) A person who has not attained 21 years of age (called in this subsection the minor) may opt out from the provision of means information about the minor under subsection (1) (for the purpose mentioned in subsection (1A)(a)) or (3) only if —(a)
the minor has attained 16 years of age; and
(b)
any other person who is liable to pay the minor’s premium under section 4(1)(c)(ii) does not object to the opting out by the minor.
[Act 40 of 2024 wef 01/04/2025]
(7) Information on a person’s household composition and whether that person satisfies the eligibility criteria for a grant, subsidy or benefit under a relevant public scheme or any tier or category within such eligibility criteria, derived from information obtained under this section may be disclosed to that person.
(8) IRAS may, if it is prescribed as a recovery body, use to enforce the Scheme so much of the means information or other confidential information obtained by it (whether before, on or after 10 March 2015) in the course of performing its functions under section 6 of the Inland Revenue Authority of Singapore Act 1992 as the Minister charged with the responsibility for finance approves to be used for such purpose.
Offence and immunity relating to disclosure
29.—(1) Subject to subsections (2), (3) and (4), any person who, knowing that any information about any other person was provided or obtained under any provision of section 26, 27 or 28, accesses, uses or discloses the information, without the written consent of that other 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 12 months or to both.
(2) No person or organisation shall be guilty of an offence under any written law or of any breach of confidence, shall incur any civil liability or shall be liable to any disciplinary action by a professional body, by virtue merely of doing any of the following in good faith and with reasonable care:(a)
complying with a direction under section 26(1)(a) or a request under section 27(1) or 28(1);
(b)
providing or disclosing information in accordance with any provision of section 26, 27 or 28;
(c)
accessing or using information provided or obtained under any provision of section 26, 27 or 28 in accordance with the requirements of such provision and any terms and conditions imposed under section 30(1);
(d)
with the approval of the Minister —(i)
disclosing any information obtained under section 26, 27 or 28 to the Council for the exercise of the Council’s functions and powers under this Act; or
(ii)
where the organisation is the Council, using that information to exercise its functions and powers under this Act.
(3) Sections 26, 27 and 28 and subsection (2) apply —(a)
despite any other written law; and
(b)
whether or not any person accessing, using or disclosing information under those provisions is under any obligation (imposed by any written law or otherwise) not to access, use or disclose such information.
(4) Sections 26, 27 and 28 do not affect the exercise of any right or authority under any other written law or rule of law to access, use or disclose confidential information.
General
30.—(1) An approval under section 26(2)(b) or (3), 27(2)(b)(i), 28(1)(b), (3)(c) or (8) or 29(2)(d) or a direction under section 26(1)(a) may be given on such terms and conditions, as the Minister giving the approval or direction considers appropriate, regarding access to the information provided or disclosed pursuant to the approval or direction, as the case may be.
(2) A certification, an approval or a direction by a Minister under this Part may be given in relation to a particular class of confidential information about persons within a class of persons specified in the certification, approval or direction.
(3) References in this Part to the Scheme and to other provisions of this Act are to apply, before the commencement of the provisions establishing the Scheme and the commencement of those other provisions of this Act, respectively, as if those provisions were already in force.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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