s 7 Unauthorised disclosure and improper use of information
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]