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Govt admits error in not stating TraceTogether is not exempt from Criminal Procedure Code

Govt admits error in not stating TraceTogether is not exempt from Criminal Procedure Code

Source: Business Times
Article Date: 09 Jan 2021

New law will be passed to formalise assurances made earlier that data from the Covid-19 TraceTogether contact tracing programme, if needed for criminal investigations, can be used to look into only serious offences including murder, terrorism and rape.

The government has acknowledged its error in not stating that TraceTogether data can be used for criminal investigations under provisions in the Criminal Procedure Code (CPC).

This follows revelation in Parliament this week that the police could access TraceTogether data in the course of a criminal investigation, under the CPC.

Foreign Minister Vivian Balakrishnan and Home Affairs and Law Minister K Shanmugam told Parliament that the data collected by TraceTogether will be used with utmost restraint.

Even though the police have the powers to access the data for criminal investigations, they will do so only for very serious offences such as murder, the two ministers said.

A law will be passed to formalise assurances made earlier that the use of data from the TraceTogether contact tracing programme for criminal investigations will be limited to seven categories of serious offences, said the Smart Nation and Digital Government Office (SNDGO) in a statement on Friday evening.

These include acts of terrorism, kidnapping, drug trafficking, possession of dangerous weapons, sexual offences and crimes where the victim is seriously hurt or killed.

The legislation will specify that personal data collected through digital contact tracing solutions - which comprise the TraceTogether Programme and the SafeEntry Programme - can only be used for the specific purpose of contact tracing, except where there is a clear and pressing need to use that data for criminal investigation of serious offences.

The TraceTogether app and tokens exchange Bluetooth signals in an encrypted and randomised form with nearby users of the app or token to quickly track people exposed to confirmed Covid-19 cases.

The data, when unencrypted, is linked to a person's phone number and other identification details. 


Law to formalise assurances on use of TraceTogether data

A law will be passed to formalise assurances made earlier that data from the Covid-19 TraceTogether contact tracing programme, if needed for criminal investigations, can be used to look into only serious offences including murder, terrorism and rape.

The legislation will be introduced in the next sitting of Parliament next month on a Certificate of Urgency, said the Smart Nation and Digital Government Office (SNDGO) yesterday. This means that the proposed law is urgent enough to be put through all three readings in one parliamentary sitting, instead of separate sessions.

SNDGO said the legislation will specify that personal data collected through digital contact tracing solutions, which comprise the TraceTogether and SafeEntry programmes, can be used only for contact tracing.

However, there is an exception - when there is a "clear and pressing" need to use that data for criminal investigations into seven categories of serious offences.

"It is not in the public interest to completely deny the police access to such data, when the safety of the public or the proper conduct of justice is at stake," the statement said.

"If a serious criminal offence has been committed, the police must be able to use this data to bring the perpetrators to justice, seek redress for the victims and protect society at large."

SNDGO also said: "We acknowledge our error in not stating that data from TraceTogether is not exempt from the Criminal Procedure Code (CPC)."

Earlier last year, the Government had said that TraceTogether data would be used only for contact tracing in Singapore's fight against the pandemic. More than 4.2 million people, or about 78 per cent of residents here, have downloaded the TraceTogether app or collected the tokens.

The app and tokens exchange Bluetooth signals in an encrypted and randomised form with nearby users to quickly track people exposed to confirmed Covid-19 cases. The data, when unencrypted, is linked to a person's phone number and other identification details.

The controversy flared up on Monday when Minister of State for Home Affairs Desmond Tan told Parliament that TraceTogether data could be accessed for criminal investigations under the CPC.

This prompted public criticism over whether this was an about-turn in the use of data collected.

On Tuesday, Foreign Minister Vivian Balakrishnan, who oversees the Smart Nation drive, and Home Affairs and Law Minister K. Shanmugam told Parliament that the data collected will be used with utmost restraint.

Meanwhile, there were calls by some online for others to stop using or return their TraceTogether app or tokens, citing concerns that the Government had backtracked on earlier assurances.

SNDGO's statement yesterday said: "We value the trust that the public has placed in the TraceTogether programme, and feedback from members of the public."

It added that Dr Balakrishnan and Mr Shanmugam held a public consultation yesterday with members of the media, the legal fraternity, technology experts and academics to hear their views.

Lawyer Stefanie Yuen Thio told The Straits Times that the Government was open about admitting that its original information was not completely accurate, and added: "I hope that we can, as a nation, now go back to focusing on the pressing issue of fighting the pandemic."


Law will allay public concerns on data use, say observers

Observers and MPs yesterday welcomed the news that the law would be amended to limit the use of TraceTogether data in criminal investigations to seven types of serious offences such as murder, kidnapping and serious sexual crimes.

They said the move would help to address concerns over privacy that had arisen since Monday, when Minister of State for Home Affairs Desmond Tan told Parliament that data collected by the contact tracing system to combat Covid-19 can be used by the police under the Criminal Procedure Code.

Associate Professor Eugene Tan of the Singapore Management University said the move to define clearly in the law the circumstances under which police can use TraceTogether data should assuage concerns over how much access the authorities have to such data.

The former Nominated MP said there will still be people who take the view that TraceTogether data should be used purely for contact tracing, and there could be lingering suspicion even with the proposed restrictions to limit its use.

More importantly, the latest development should help refocus public attention and energy towards fighting Covid-19, he added.

Yesterday's announcement came soon after Mr Tan's reply to a parliamentary question from Holland-Bukit Timah GRC MP Christopher de Souza on Monday sparked public criticism, prompting Foreign Minister Vivian Balakrishnan, who oversees the Smart Nation effort, and Home Affairs and Law Minister K. Shanmugam to clarify the Government's position a day later.

The Smart Nation and Digital Government Office said last night that legislation will be passed next month to specify that personal data collected through the TraceTogether and SafeEntry programmes can be used only for contact tracing, except where the police have to access it to investigate seven categories of serious offences.

MacPherson MP Tin Pei Ling said that since Tuesday's exchange in Parliament, a small number of her residents had expressed their concerns about the use of TraceTogether data and the need for safeguards, with one suggesting that the crimes for which police can obtain such data should be spelt out.

The legislation is a definitive move to dispel any doubt, she said.

"Once the details are out, it should be very clear what the process is going to be like, what are the specific categories of crimes that will allow solicitation of this data, so it will leave nothing to the imagination," she added.

Following the remarks in Parliament, several members of the public had accused the Government of not being upfront, saying that the impression given when TraceTogether was introduced last year was that data collected would be used only for contact tracing.

On Tuesday, Dr Balakrishnan acknowledged in Parliament he had misspoken when he said last year that the data would be used only for contact tracing, and added that the Criminal Procedure Code was not on his mind when he spoke then.

To this, Mr de Souza said yesterday: "I listened to every word of Dr Vivian Balakrishnan's reply on Tuesday and I believe him - he had not considered the CPC when he spoke of the ambit of TraceTogether in June 2020."

He also said of the proposed curbs to restrict the use of data in police investigations to seven serious crimes: "It speaks of transparency and has the added value of restricting the use of data. It is a positive, transparent and timely move."

Meanwhile, Workers' Party MP Gerald Giam, who had expressed concern that not exempting TraceTogether data under the Criminal Procedure Code would discourage use of the contact tracing system, said: "We will study the Bill when it is tabled in Parliament and formulate our response accordingly."

Some observers had also felt that limiting the use of the data would help balance the need to fight Covid-19 with the need to fight serious crime.

Lawyer Stefanie Yuen Thio said the serious nature of the crimes listed makes clear that the police will rely on TraceTogether data only in cases of utmost necessity.

"It is also important to bear in mind that every member of the public has a very strong interest to ensure that criminals who commit such serious offences are brought to justice," she added.

"We should also bear in mind that just as TraceTogether data can incriminate, it can also prove innocence, such as when a token user was not in the vicinity of the victim during the commission of a crime."

Criminal lawyer Sunil Sudheesan said TraceTogether data could be useful for investigations in crimes that are not premeditated, such as a spontaneous fight in a club that ends in someone being killed.

He added: "All Singaporeans don't want a person guilty of serious crimes to get away scot-free."

Meanwhile, some people were still uneasy over how contact tracing data would be used, despite yesterday's statement.

Mr Aloysius Low, 39, founder of technology review site Can Buy or Not, who has been urging people to delete or stop using the TraceTogether app since Monday, said that it is a good thing the Government is legislating the use of the data.

But he is worried there is still not enough assurance that the law will not be amended in the future to expand the use of the data.

Mr Sudheesan said Singapore had leveraged technology well for contact tracing, and he found it disappointing that people have started deleting the TraceTogether app.

"There will be some residual resentment," he noted. "And people may need (some time) to purge themselves of this anger."


Amendment to restrict use of TraceTogether data

Changes to the law will be introduced at the next sitting of Parliament next month to restrict the use of personal data collected through Covid-19 digital contact-tracing solutions.

The Smart Nation and Digital Government Office, which is part of the Prime Minister's Office, said yesterday that the legislation will spell out that data collected through TraceTogether and SafeEntry cannot be used in police investigations, inquiries or court proceedings on any offence besides these seven categories:

• Offences involving the use or possession of corrosive substances, offensive or dangerous weapons, such as possession of firearms and armed robbery with the use of firearms

• Terrorism-related offences under the Terrorism (Suppression of Bombings) Act, Terrorism (Suppression of Financing) Act, and Terrorism (Suppression of Misuse of Radioactive Material) Act

• Crimes against people where the victim is seriously hurt or killed, such as murder, culpable homicide not amounting to murder and voluntarily causing grievous hurt, where the victim's injury is of a life-threatening nature

• Drug trafficking offences that attract the death penalty

• Escape from legal custody where there is reasonable belief that the subject will cause imminent harm to others

• Kidnapping

• Serious sexual offences, such as rape and sexual assault by penetration.

Source: Business Times © Singapore Press Holdings Ltd. Permission required for reproduction.

Source: Straits Times © Singapore Press Holdings Ltd. Permission required for reproduction.

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