Division 1 — Directions from relevant or responsible Ministers
Directions for whole-of-government approach, etc.
Open ↗4.—(1) Subject to subsection (2), the Minister may, on the recommendation of the relevant Minister (if any), give or jointly give a direction, as the case may be —(a)
to all Singapore public sector agencies; or
(b)
to a Singapore public sector agency or a class of Singapore public sector agencies specified in the direction,
requiring the Singapore public sector agency or agencies concerned to comply with a policy of the Government (as amended from time to time, and with or without modifications) relating to all or any pertinent subject matter.
(2) A direction under subsection (1) may be made only for all or any of the following purposes:(a)
to uphold and promote the values of the Singapore public sector;
(b)
to secure economies or efficiencies for the Singapore public sector;
(c)
to improve (directly or indirectly) the efficiency or effectiveness of policies, programme management or service planning and delivery by Singapore public sector agencies (whether by carrying out data analytics work or otherwise);
(d)
to ensure business continuity;
(e)
to ensure accountable and prudent stewardship of Singapore public sector finances and resources;
(f)
to manage risks to the financial position of the Government;
(g)
to support a whole-of-government approach in the discharge of the Singapore public sector agencies’ functions.
(3) For the purposes of subsection (1), “pertinent subject matter” means the following:(a)
employment, management and discipline of employees;
(b)
management of official documents;
(c)
financial and resource management and accountability;
(d)
use or development of information technology;
(e)
data governance (including personal data protection) and sharing of information under the control of a Singapore public sector agency with another Singapore public sector agency.
(4) The “relevant Minister” for a pertinent subject matter is as follows:(a)
for the matter in subsection (3)(a), the Minister charged with the responsibility for public sector personnel policy;
(b)
for the matter in subsection (3)(b), the Minister charged with the responsibility for Government records and archives;
(c)
for the matter in subsection (3)(c), the Minister charged with the responsibility for Government finance;
(d)
for the matter in subsection (3)(d), the Minister charged with the responsibility for public sector info‑communications technology and related engineering;
(e)
for the matter in subsection (3)(e), the Minister charged with the responsibility for public sector data governance.
Directions by responsible Minister
Open ↗5.—(1) The responsible Minister for a Group 1 public body may give to the public body directions as to the performance by the public body of its functions.
(2) To avoid doubt, this section does not affect any requirement in the constitutional Act of a public body or other Act administered by a public body requiring the responsible Minister to consult any person specified in that Act before exercising the power under subsection (1) in relation to the public body.
Division 2 — Directions on data sharing
Authority to share
Open ↗6.—(1) Where a data sharing direction is given to a Singapore public sector agency —(a)
the Singapore public sector agency and every officer of that agency; and
(b)
where the Singapore public sector agency is a public body, the members of the public body,
are authorised to share the information under the control of the Singapore public sector agency with another Singapore public sector agency to the extent permitted by the data sharing direction despite any obligation as to confidentiality under the common law.
(2) However, subsection (1) does not override any obligation as to confidentiality because of legal privilege or contract.
(3) To avoid doubt, this Act is not intended to prevent or discourage the sharing of information by Singapore public sector agencies as permitted or required by or under any Act or other law (apart from this Act).
Unauthorised disclosure and improper use of information
Open ↗7.—(1) If —(a)
an individual discloses, or the individual’s conduct causes disclosure of, information under the control of a Singapore public sector agency to another person (whether or not a Singapore public sector agency);
(b)
the disclosure is not authorised by any data sharing direction given to the Singapore public sector agency;
(c)
the individual is a relevant public official of the Singapore public sector agency at the time of the disclosure; and
(d)
the individual does so —(i)
knowing that the disclosure is not in accordance with that direction; or
(ii)
reckless as to whether the disclosure is or is not in accordance with that direction,
the individual 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.
(2) In proceedings for an offence under subsection (1), it is a defence for the defendant to prove, on a balance of probabilities, any of the following:(a)
the information under the control of the Singapore public sector agency was, at the time of its disclosure by the defendant, generally available information;
(b)
the defendant disclosed or caused the disclosure of information under the control of a Singapore public sector agency —(i)
as permitted or required by or under an Act or other law (apart from this Act);
(ii)
as authorised or required by an order of court; or
(iii)
in any other circumstances, or for any other purpose, prescribed.[40/2020]
(3) If —(a)
an individual makes use of information under the control of a Singapore public sector agency (A);
(b)
the use is not authorised by any data sharing direction given to A;
(c)
the individual is a relevant public official of A or another Singapore public sector agency at the time of the use;
(d)
the individual does so —(i)
knowing that the use is not in accordance with such a data sharing direction; or
(ii)
reckless as to whether the use is or is not in accordance with such a data sharing direction; and
(e)
the individual as a result of that use —(i)
obtains a gain for the individual or another person;
(ii)
causes harm to another individual; or
(iii)
causes a loss to another person,
the individual 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.
[40/2020]
(4) If —(a)
an individual makes use of information (other than personal data) under the control of a Singapore public sector agency (A);
(b)
the use is not authorised by A;
(c)
the individual is —(i)
a contractor supplying goods or services to A or to another Singapore public sector agency; or
(ii)
an employee of a person who is a contractor supplying goods or services to A or to another Singapore public sector agency;
(d)
the individual does so —(i)
knowing that the use is not authorised by A; or
(ii)
reckless as to whether the use is or is not authorised by A; and
(e)
the individual, as a result of that use —(i)
obtains a gain for the individual or another person;
(ii)
causes harm to another individual; or
(iii)
causes a loss to another person,
the individual 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.
[40/2020]
(5) In proceedings for an offence under subsection (3) or (4), it is a defence for the defendant to prove, on a balance of probabilities, any of the following:(a)
that the information under the control of A that was used was, at the time of its use, generally available information;
(b)
the defendant used the information under the control of A —(i)
as permitted or required by or under an Act or other law (apart from this Act);
(ii)
as authorised or required by an order of court; or
(iii)
in any other circumstances, or for any other purpose, prescribed.[40/2020]
(6) To avoid doubt, subsection (2) or (5) does not affect any obligation or limitation imposed on, or prohibition of, the disclosure or use of information under the control of a Singapore public sector agency by or under any other written law or other law.[40/2020]
(7) In this section —“disclose”, in relation to information, includes provide access to information;
“gain” means —(a)
a gain in property or a supply of services (whether temporary or permanent); or
(b)
an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of remuneration;
“generally available information” means information that consists of readily observable matter, including information that consists of deductions, conclusions or inferences made or drawn from readily observable matter;
“harm”, in relation to an individual, means —(a)
any physical harm; or
(b)
harassment, alarm or distress caused to the individual;
“loss” means —(a)
a loss in property or a supply of services, whether temporary or permanent; or
(b)
a loss of an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of remuneration,
but excludes, in relation to an individual, the loss of personal data about the individual;
“personal data” has the meaning given by section 2(1) of the Personal Data Protection Act 2012;
“relevant public official”, for a Singapore public sector agency, means —(a)
an officer of the Singapore public sector agency;
(b)
a member of a Group 1, Group 2 or Group 3 public body which is that Singapore public sector agency, or of the governing body of such a public body; or
(c)
the chief executive of a Group 1, Group 2 or Group 3 public body which is that Singapore public sector agency.[40/2020]
Unauthorised re-identification of anonymised information
Open ↗8.—(1) If —(a)
an individual takes any action to re-identify or cause re‑identification of the person to whom anonymised information under the control of a Singapore public sector agency relates;
(b)
the re-identification is not authorised by any data sharing direction given to the Singapore public sector agency;
(c)
the individual is a relevant public official of the Singapore public sector agency at the time of taking that action; and
(d)
the individual does so —(i)
knowing that the re‑identification is not authorised by that data sharing direction; or
(ii)
reckless as to whether the re‑identification is or is not authorised by that data sharing direction,
the individual 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.
(2) In proceedings for an offence under subsection (1), it is a defence to the charge for the accused to prove, on a balance of probabilities, that —(a)
the information on the identity is publicly available;
(b)
the action to re-identify or cause re-identification is —(i)
permitted or required by or under an Act or other law (apart from this Act);
(ii)
authorised or required by an order of court; or
(iii)
in any other circumstances, or for any other purpose, prescribed; or
(c)
the accused —(i)
reasonably believed that the re‑identification was for a specified purpose; and
(ii)
notified either of the following agencies of the re‑identification as soon as was practicable:(A)
the Singapore public sector agency;
(B)
the Government Technology Agency.[40/2020]
(3) To avoid doubt, subsection (2) does not affect any obligation or limitation imposed on, or prohibition of, the re‑identification of anonymised information under the control of a Singapore public sector agency by or under any other written law or other law.[40/2020]
(4) In this section —“anonymised information” means any information which is in anonymised or de‑identified form;
“Government Technology Agency” means the Government Technology Agency established by section 3 of the Government Technology Agency Act 2016;
“personal data” has the meaning given by section 2(1) of the Personal Data Protection Act 2012;
“relevant public official” has the meaning given by section 7(7);
“specified purpose” means any purpose specified in the Eleventh Schedule to the Personal Data Protection Act 2012.[40/2020]
Form of directions, etc.
Open ↗9.—(1) A direction under section 4 or 5 to a Singapore public sector agency or a class of Singapore public sector agencies specified in the direction may —(a)
be in the form of a circular or an instruction or order addressed to —(i)
the Singapore public sector agency or every Singapore public sector agency in that class, as the case may be; and
(ii)
the members of a public body which is the Singapore public sector agency in sub‑paragraph (i) and its chief executive; and
(b)
be amended or replaced in the same way as it may be given.
(2) A direction under section 4 or 5 does not have legislative effect.
Compliance with directions, etc.
Open ↗10.—(1) Every Singapore public sector agency, or every Singapore public sector agency within the class of Singapore public sector agencies, to which a direction under section 4 or 5 is given must, in performing its functions, comply with the direction starting from the date specified in the direction.
(2) The functions of a public body under written law are to be regarded as including compliance with a direction given to it under section 4 or 5.
Limit to effect of directions
Open ↗11.—(1) A direction under section 4 or 5 must not be inconsistent with this Act or any other written law.
(2) A direction under section 4 or 5 is not binding on a Singapore public sector agency to the extent (if any) to which it would impede or affect the performance of —(a)
a statutorily independent function of the Singapore public sector agency; or
(b)
a quasi-judicial function of the Singapore public sector agency or any of its officers in relation to a particular matter.
(3) This Part does not authorise any Minister to direct a Singapore public sector agency, or any member or officer of a public body, or any public officer, requiring —(a)
the performance or non‑performance of a particular act or the bringing about of a particular result, in respect of a particular person or persons; or
(b)
the making of an employment decision relating to a particular individual.
(4) However, subsection (3) does not prevent a Minister from giving a direction under the Government Procurement Act 1997.
(5) In this section, “employment decision” means an administrative decision relating to the employment of an individual, including —(a)
the appointment, promotion, transfer, remuneration or benefits of employment;
(b)
the termination of an individual’s employment; and
(c)
the taking of disciplinary action against an employee.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
