Removal of information of individual upon death or attainment of 100 years of age
33. The Registrar must remove from the register, identification database and DNA database, all identifying information, records and DNA information relating to an individual —(a)
whose death has been registered under the Registration of Births and Deaths Act 2021; or
(b)
who, the Registrar is satisfied, has attained 100 years of age.[Act 26 of 2022 wef 12/06/2023]
Acquittal of individuals of registrable crimes
34.—(1) Where —(a)
the registrable particulars of an individual who is convicted of a registrable crime have been recorded in the register in relation to that registrable crime; and
(b)
the individual is acquitted of the registrable crime or of all the registrable crimes (as the case may be) with which the individual has been charged, whether or not on appeal or review,
the authorised officer in charge of the case must, as soon as practicable, notify the Registrar of the acquittal.
(2) The Registrar must, on receiving the notice from the authorised officer mentioned in subsection (1) —(a)
remove the registrable particulars of the individual from the register; and
(b)
record the following information in the identification database:(i)
the identifying information and records of the individual sent to the Registrar in relation to the registrable crime;
(ii)
the circumstances under which the registrable particulars of the individual were removed from the register.[Act 26 of 2022 wef 12/06/2023]
Individuals not involved in commission of eligible crime or registrable crime
35.—(1) This section applies to or in relation to an individual who is accused of an eligible crime or a registrable crime.
(2) Where —(a)
either or both of the following are satisfied:(i)
the identifying information or records of the individual have been recorded in the identification database in relation to the eligible crime or registrable crime;
(ii)
the DNA information of the individual has been recorded in the DNA database in relation to the eligible crime or registrable crime; and
(b)
investigations reveal that the individual is not involved in the commission of the eligible crime or registrable crime,
the authorised officer in charge of the case must, as soon as practicable, notify the Registrar of the findings of the investigations.
(3) The Registrar must, on receiving the notice from the authorised officer mentioned in subsection (2) —(a)
remove the identifying information and records of the individual (if any) from the identification database; and
(b)
remove the DNA information of the individual (if any) from the DNA database.[Act 26 of 2022 wef 12/06/2023]
Individuals not found to have acted or about to act in manner prejudicial to security of Singapore
36.—(1) This section applies to or in relation to an individual who is arrested and detained pending enquiries under section 74 of the Internal Security Act 1960.
(2) Where —(a)
either or both of the following are satisfied:(i)
the identifying information or records of the individual have been sent to the Registrar under section 13(3) and recorded in the identification database;
(ii)
any body sample has been taken from the individual under section 22(2) and the DNA information derived from the body sample has been recorded in the DNA database; and
(b)
investigations reveal that —(i)
there are no grounds to justify the individual’s detention under section 8 of the Internal Security Act 1960; and
(ii)
the individual has not acted or was not about to act in any manner prejudicial to the security of Singapore or any part of Singapore,
the police officer or law enforcement officer, who is in charge of the case must, as soon as practicable, notify the Registrar of the findings of the investigations.
(3) The Registrar must, on receiving the notice from the police officer or law enforcement officer mentioned in subsection (2) —(a)
remove the identifying information and records of the individual (if any) from the identification database; and
(b)
remove the DNA information of the individual (if any) from the DNA database.
(4) In this section, “law enforcement officer” has the meaning given by section 2(1) of the Police Force Act 2004.[Act 26 of 2022 wef 12/06/2023]
Application for removal of information from identification database or DNA database
37.—(1) Subsection (2) applies where —(a)
any identifying information has been taken from a volunteer under section 14 and recorded in the identification database; or
(b)
any body sample has been taken from a volunteer under section 23 or 26 or section 13D as in force immediately before the date of commencement of section 6 of the Registration of Criminals (Amendment) Act 2022 and the DNA information derived from the body sample has been recorded in the DNA database.
(2) The volunteer may apply, in the prescribed form and manner, to the Registrar to remove the identifying information or DNA information, or both, from the identification database or DNA database, as the case may be.
(3) Subsection (4) applies to or in relation to an individual who is accused or convicted of an eligible crime or a registrable crime (called in this section a specified crime) where —(a)
either or both of the following are satisfied:(i)
the identifying information or records of the individual have been recorded in the identification database in relation to the specified crime;
(ii)
the DNA information of the individual has been recorded in the DNA database in relation to the specified crime; and
(b)
any one of the following circumstances is met:(i)
the specified crime is compounded under any written law;
(ii)
the individual is discharged by a court before conviction of the specified crime or of all the specified crimes (as the case may be) with which the individual has been charged (unless the discharge does not amount to an acquittal);
(iii)
the individual is acquitted of the specified crime or of all the specified crimes (as the case may be) with which the individual has been charged, whether or not at trial or on appeal or review.
(4) The individual may apply, in the prescribed form and manner and within the prescribed time, to the Registrar to remove the individual’s identifying information or DNA information, or both, from the identification database or DNA database, as the case may be.[Act 26 of 2022 wef 12/06/2023]
Removal of identifying information or DNA information of volunteers
38. Where the Registrar receives an application from a volunteer in accordance with section 37(2), the Registrar must remove the volunteer’s identifying information or DNA information, or both, from the identification database or DNA database, as the case may be.[Act 26 of 2022 wef 12/06/2023]
Removal of identifying information or DNA information of individuals other than volunteers
39.—(1) Where the Registrar receives an application from an individual in accordance with section 37(4), the Registrar must remove the individual’s identifying information or DNA information, or both, from the identification database or DNA database (as the case may be) unless the Registrar determines that any one or both of the following circumstances exist:(a)
the individual’s identifying information or DNA information is relevant to another ongoing prosecution or investigation;
(b)
it is in the interests of the security of Singapore to retain the individual’s identifying information or DNA information.
(2) Where the Registrar determines in accordance with subsection (1) not to remove the individual’s identifying information or DNA information from the identification database or DNA database (as the case may be), the Registrar must notify the individual of the Registrar’s determination and that the individual’s identifying information or DNA information will not be removed from the identification database or DNA database, as the case may be.[Act 26 of 2022 wef 12/06/2023]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.