Desmond Lee
Singapore
“The Leadership, Enrichment, Achievement, Participation and Service (LEAPS) 2.0 is a framework for recognising student participation and achievement in secondary school co-curricular programmes.”
“The Ministry of Education (MOE) is mindful of the impact that rising temperatures may have on our students, teachers and officials taking part in the National School Games. Matches are scheduled only after students have had the time to train and become progressively more heat acclimatised.”
“As shared in Parliament in March 2026, the proportion of students with special educational needs (SEN) in mainstream schools has remained stable, at around 7% of the overall student population. This stability is observed across both primary and secondary schools.”
“The Ministry recruits and assesses applicants based on merit and suitability for the teaching profession, regardless of gender. We look for individuals with a passion for teaching, a belief in the potential of every child, and who possess the values and character to make a positive difference in students' lives.”
“Over the past five years, an average of 750 teachers resigned from the Education Service annually, representing a resignation rate of around 2%.”
“MOE has also progressively strengthened open access within the Primary 1 Registration Framework through Phase 2C, which is open to students regardless of whether they have prior connections to the school. MOE had increased the number of reserved Phase 2C places from zero to 20 in 2014; and from 20 to 40 in 2022.”
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“In particular, how do we move from a state of racial and religious tolerance, which is principally backed by the law and which can very easily be undone, to a state of racial and religious harmony, which is based on the deep and genuine understanding and respect, and which is far more Page: 38 resilient in our community? Social Cohesion and Integration”
“Madam, fault lines between new citizens and old citizens and between Singaporeans and foreigners are, today, the most visible fault lines in our society. These tensions are reflected by the intense debate and frequent discussions in this House about integration efforts. However, even as we must tackle new challenges, we should not take our eyes off latent fault lines such as race and religion. To do so would be a dangerous mistake. Throughout history, race and religion have always evoked strong, sometimes irrational emotions that neither education nor affluence can truly subdue. On the contrary, the greater connectedness that technology and social media provide, amplifies the impact of bigoted viewpoints and increases potential flashpoints. In recent years, we have seen many cases here in Singapore where intemperate and derogatory online comments, some public but others meant as private comments, have inflamed passions and stirred anger both online and in the real world. Genuinely multicultural societies such as Singapore are rare, and we should not take the status quo for granted. To take our foot off the pedal will breed complacency. Instead, it must be a never ending work-in-progress, especially as new generations of Singaporeans come onboard. Can I therefore ask the Minister two questions? First, as a new Ministry, what does MCCY intend to do to help bridge these fault lines? Second, how will the Government encourage and support community efforts to foster better communal understanding?”
“First, the SSO should be able to coordinate effectively and efficiently across the full spectrum of agencies and social services both in the immediate community as well as nationally. Page: 186 Second, it should be the main casework platform, so that the client only needs to go through one set of comprehensive interviews. Other agencies and VWOs should be able to rely on the accuracy and completeness of the SSO's fact finding, and only need to ask additional questions that are specific to their area of competence. Third, the SSOs should have comprehensive databases to have a holistic and thorough overview of their clients' cases and what actions have been taken by other agencies. This will allow quicker and more effective assessment of needs and calibration of further assistance. Fourth, the SSOs should not be the only gateway to our social safety net. That would be counterproductive. Singaporeans should be able to approach all agencies or VWOs, but the cases ought to be logged centrally, to allow the SSO to assess the cases holistically. The SSOs should also be tasked to help to galvanise, coordinate and organise Corporate Social Responsibility (CSR) efforts that companies approach them with so that they can be more effectively and efficiently nation-wide. Finally, I hope the SSOs can help to coordinate the community and neighbourhood volunteer databases so that various VWOs will be able to get a fair share of volunteers. Whole-of-Government Public Assistance”
“Sir, there are many helping hands in Singapore but not all these hands are tightly interlocked or sufficiently coordinated to prevent people from falling through the cracks. Social services agencies and VWOs provide very important support to Singaporeans in difficulty, but they tend to operate most effectively within their own terms of reference and areas of expertise; and understandably so. Individuals or families in difficulty, however, tend to face a whole host of complex and inter-related problems, ranging from financial, medical, legal, marital, and so on. Referrals from one agency or VWO to another are common, especially after thorough casework but these tend to be ad-hoc, and highly dependent on the individual social worker's awareness of where other forms of help can be sought. And even then, some clients may be asked to provide similar types of documents or be repeatedly asked similar questions at interviews by these various agencies. The private sector as a whole also engages in significant community service efforts under their Corporate Social Responsibility (CSR) programmes. But these resources though abundant are ad-hoc, not coordinated or targeted. Companies usually approach agencies and VWOs that they may know of, to carry out their CSR. Outcomes are, therefore, not optimised, with potential delays in rendering assistance. Coordinated and integrated social service delivery is, therefore, key. I, therefore, look forward to hearing about the Social Service Office (SSO) model that was briefly mentioned during the Budget Statement. I hope the SSO will be able to achieve the following objectives.”
“And when the unit goes on live firing exercises abroad, NSmen and those who have already MR-ed will pay their own way to join the exercise to lend moral and even technical support, even though they are not recalled. There are many other examples of such informal, supportive networks throughout the SAF, and I encourage MINDEF to identify, support and encourage these ground-up efforts. In short, the messaging about the value of NS is critical, but so is the everyday experience of NSmen on the ground. National Service Issues”
“The Government's gestures of appreciation are important, but they are ultimately at the high level. It is equally, if not more important, that these translate into everyday experiences on the ground for NSmen. Small gestures can mean a lot and ground units play a big role in walking the talk. For instance, when recalling NSmen, the cardinal rule must be to make good use of training time. Continue to show more empathy and flexibility when NSmen apply for deferment or time-off for important work or family reasons. Quickly complete the pilot trial to allow NSmen to bring their work and phone devices into camp – set up work centres so that they can make good use of training down-time to catch up on their external work obligations. Make special effort to engage NSmen, address concerns that they raise, no matter how mundane, and proactively close the loop with them. Give NSmen meaningful roles to play when they are back in unit. These small gestures will be reciprocated by most NSmen in their attitudes to training. One example of a unit that has walked the talk over the years is 160 Sqn, a Ground-Based Air Defence unit that has both active and NSmen, all known fondly as "Gunners". Their motto is "Alert Always". They were featured in PIONEER magazine last year. The unit actively cultivates and supports NS cohesion by inviting NSmen back for Squadron activities such as Change of Command Parades and Squadron anniversaries. NSmen are closely consulted and involved in operational and training matters. Page: 158 In turn, NSmen have over the decades reciprocated by performing well during all ICTs. The unit's NS Alumni, which has members across all generations, actively organises activities for the unit.”
“Madam, an NSman has many roles and responsibilities – juggling family, career, community and NS. NS obligations are significant and they carry some risks. 2LT Kamalasivam's courageous act of shielding his trainee during the recent grenade incident underscores this, and he deserves a significant commendation for that. NS is the price of our freedom, and the burden that every male citizen carries. How we value and recognise the sacrifices that our citizens, fathers, brothers, sons, friends and colleagues make as NSmen is therefore important. Important because it has a direct impact on the conversation about citizenship, and about what we are defending here in Singapore. On the tangible front, while more can be done, the Government has made many improvements over the years, such as the NSmen tax relief, NS Page: 157 Recognition Award, Budget bonuses for NSmen, and so on. Although the Government has always framed its appreciation of NSmen in much wider terms, it is important to remind ourselves never to let it be framed or misportrayed in purely financial tangible terms. NS cannot be price-tagged. 6.15 pm That is not to say that Government should cut back on these benefits. These should continue but often the underlying message is important for different reasons. So, when NSmen receive SAFRA membership and vouchers in the mail, it is not only the material aspect that was appreciated, but the fact that the gesture was made. That also explains why, when the NS Recognition Award was announced, those who had completed their cycles of NS or whose awards were pro-rated, felt under-appreciated. Such awards must, therefore, be carefully designed, sensitively managed, otherwise they become counter-productive.”
“I would like to propose that MinLaw enhance protection of public housing for Singaporeans and plug this gap by putting cash proceeds from the sale of flats beyond the reach of creditors, whether in bankruptcy or otherwise, to the extent that such portion of cash proceeds is needed to be used for the payment of another flat.”
“Madam, the law protects HDB flats and the proceeds of sale of such flats from being used as a security or collateral for any debt. The exception is for housing loans. When a person becomes bankrupt, his flat is also protected from other creditors as the HDB flat does not vest in the official assignee. This protection is consistent with the HDB flat's status as public housing. When an owner of an HDB flat falls into mortgage arrears, the HDB will help him to restructure his payments and explore ways to help him. But if that does not work out, he would be encouraged to right size by moving to a smaller and more affordable unit. In a very worst case scenario, if substantial arrears accumulate and nothing is done, HDB may compulsorily acquire the flat and compensate him. This puts certain households who owe substantial debts in a quandary. If they sit tight, their shelter is assured and their flat is protected from creditors. However, this is not financially prudent. Housing arrears build up and there is that worry about compulsory acquisition at the end of the day. On the other hand, if they proactively try to downgrade to a more affordable unit, the full amount of cash proceeds from sale of their flat becomes fair game for creditors such as moneylenders, credit card companies and banks. The cash proceeds will also vest in the official assignee on bankruptcy. I believe this will be case even if the owners attempt to use HDB's enhanced contra facility. This is problematic because debtors often need to use a portion of cash to buy a Page: 45 smaller home and, if the proceeds are seized by creditors, they will lose their roof. This is not ideal. Some residents I have met are caught in this bind.”
“Notably, 70% of inmates in Singapore Prisons are convicted of drug-related offences or admitted to DRCs. There are many reasons why an ex-offender may re-offend. For example, he may have weak willpower or he may not have mended his ways. He may have been hardened or socialised while inside prison. Or he may not be able to get rid of bad company after his release. Effective family support may be absent. Or he and his family may face financial or other difficulties. I would therefore like to ask MHA what plans it has to further reduce the recidivism rate generally for all offenders but also specifically for drug abuse. How will Government tackle and help drug re-offenders break the pattern of re-offending and help them re-integrate effectively into mainstream society? Will MHA consider screening prisoners before their release, and introduce compulsory supervision, as well as comprehensive mandatory longer term after-care, job placement and other forms of holistic support for more vulnerable prisoners at high risk of re-offending? The Need for Strong Community Engagement”
“Sir, when a person re-offends, he lets himself and his family down. Society is put at risk because re-offenders tend to be more hardened. Recidivism also reflects how effective a criminal justice system is in deterring crime, protecting society and reintegrating offenders back into the mainstream society. Over the years, MHA has put in very significant resources and measures to reduce re-offending, both generally and also specifically for drugs − for instance, enhancing prison counselling programmes, establishing Prison School, providing employability skills training, setting up the CARE Network to coordinate aftercare, engaging the community to help ex-offenders and their families, putting in diversionary measures, setting up community-based sentences and community-based rehabilitation programmes as well as enhancing the rehabilitation and supervision of drug offenders. In the last few years, we have seen the overall two-year recidivism for all offences fall slightly from 27.3% in 2008 to 23.6% in 2010. This is low compared to many other countries. However, it is clear from recent statistics that drugs still remain a problem in Singapore. In its 2012 Drug Situation Report, CNB reported that it arrested 3,481 drug abusers last year, or a 5% increase over the Page: 141 previous year. In 2012, repeat abusers continued to form the majority of abusers arrested, at 69%. As compared to 2011, there was a 9% increase in the number of repeat offenders arrested in 2012. And the Prison Service reported in January this year that drug offenders released from Drug Rehabilitation Centres (DRCs) in 2010 recorded a higher level of re-offending, accounting for a recidivism rate of 27.5%, or a 0.4% increase over 2009.”
“Madam, recently, one of my elderly residents whom I regularly see at community activities came up to me and told me he had been diagnosed with a particular condition which, though not terminal, would require long-term painful treatment. Although his children were doing well and could manage the medical costs, he instinctively did not want to be a burden to anyone; his wife or any of his children. He also felt it would be a better quality of life for him and he refused all available treatment options. The community leaders and I as well as his family all tried very hard to dissuade him but he was very adamant not to be a burden. And shortly after Chinese New Year, he quietly slipped away and left all of us. I, therefore, agree with Government that we can and must do a lot more for our older Singaporeans. For instance, I think Government could consider significantly raising the level of Government subvention for seniors on a means-tested basis as well as apply Medifund even more liberally for low income and retired Singaporeans based, if necessary, on the means-testing of their children. Page: 88 Mdm Speaker, this Budget is about Quality Growth and about Inclusiveness. It builds significantly on last year's Budget, and goes in the right direction. I support this Budget. 4.07 pm”
“Currently, the most significant work-life measures implemented by Government, such as paternity leave, childcare leave and shared parenting leave, are in the context of the Marriage and Parenthood Package, but I think more can be done for employees who are single or whose children have already Page: 87 grown up. Admittedly, Madam, the issue of work-life balance is not straightforward. There are many reasons why work-life balance has a chequered record across various firms. Some companies may only care to pay lip-service to the concept. Others may genuinely agree with it but the operation or the nature of the competition makes it unfeasible. There is no slack in some sectors. There is also the issue of employee mindsets: some may worry that their prospects may dim if they telecommute because of less face-time with bosses and mindsets do take time to change. I also understand that Government will want to be careful about compelling work-life balance initiatives in firms for fear of adding to business costs inadvertently affecting Singaporean workers. Finally, on building strong families where our seniors can age with dignity. I think many of us cheered when we heard that Government is seriously studying how it can more holistically take care of our senior generation of Singaporeans, whether in healthcare or in other areas. They had fewer opportunities and lower wages, but made modern Singapore possible. Currently, for healthcare, they would generally have to use their MediSave and their children's MediSave first before being eligible for Medifund support. Many elderly whom I have met are loathed to do so, because they do not want to be a burden on their children.”
“In short, we want Singapore to be a home and not a factory; we want to find personal fulfilment as individuals in communities and not feel like economic digits or factors of production. However, some people worry that talk about restructuring for higher productivity is nothing more than euphemism for fewer people handling more work, and therefore increasing work stress and lengthening working hours. As it already is, technologies, such as email and cloud computing, have accelerated the pace at which we do things and the volume of workload that we have to manage, while mobile communication technology means the workplace is omnipresent. It intrudes into our homes and accompanies us on family holidays. I, therefore, strongly urge MOM to work with businesses and federations to have another fundamental relook at work-life balance initiatives, as it has a major impact on quality of life and the sense of rootedness in the country. The Government is already providing significant incentives via the WOW! Fund and Flexi Works! but it may have to do more to get companies to walk the talk. For instance, it could consider upping the grants for these two schemes or to provide more incentives. It could also establish a work-life balance accreditation and certification scheme so that potential job applicants can decide whether they wish to apply for that firm or another firm. MOM could also consider surveying various sectors of industry to identify which are those with the poorest work-life balance, and then work closely with those sectors to institute appropriate measures, including, if necessary, by legislation.”
“He was from the construction and manufacturing industries, and had absolutely no experience in F&B prior to joining this company, which was then a fairly small food establishment. Using his systems knowledge from manufacturing and construction, he helped the F&B business innovate, designing new plant and machinery which were designed from scratch to significantly reduce reliance on unskilled labour. Because of this, the company trumped its competition and expanded, wages went up and it is now a major player in the F&B sector, a listed company. Such an individual could be a prime example of an innovation consultant who could help SPRING as an innovation expert. Two, I would encourage SPRING to send out business consultants and work with business federations and unions to actively catalyse and support industry consolidation as far as possible, especially for industries with fragmented structures. This is important because economic transformation is likely to result in some business failure and retrenchments at the margins of productivity, and we do not want Singaporean workers to get caught between sharp edges or fall through the cracks. Also, coordinate our social safety nets and make sure that they support those who may otherwise fall between the cracks, especially older, Page: 86 low-skilled or disabled workers. Madam, my third point is about creating a more fulfilling pace of life in Singapore. Singaporeans want good jobs and are prepared to work hard, but we also want to spend quality time with our family and friends, pursue our own passions and interests, and give back to the community.”
“I welcome this because even as we remain open to foreigners who can contribute to our economy, add diversity in our perspective, and transfer useful skills and knowledge, and even though we do not want to shield ourselves artificially from overseas Page: 85 competition, we should not allow discriminatory practices against Singaporeans in our own backyard. Moreover, our Universities and Polytechnics produce high quality graduates and diploma holders, and many Singaporeans study and excel in top universities overseas. By safeguarding fair employment opportunities for Singaporeans, we will be better placed to build up a core of highly competent Singaporean professionals who can in time become captains of our own industries. Second, to build a vibrant economy with good jobs, Government has invested heavily in quality growth to help our businesses undergo transformation. This is to reduce reliance on foreign labour, but, more importantly, to boost the wages of Singaporean workers through real productivity gain and to increase the profitability of our businesses. In last year's Budget debate as well as the debate on the President's Address, I suggested that SPRING Singapore establish innovation hubs and reach out to SMEs, especially traditional ones, to share productivity ideas and best practices. Madam, I would make two further recommendations. One, identify industry leaders in productivity and encourage them to join as innovation consultants to help other SMEs. This can be from within the industry or from across sectors. Most recently, I met a senior executive of a leading F&B company in Singapore.”
“Mdm Speaker, like many other Members in this Chamber, I helped to facilitate Our Singapore Conversation in my constituency. I agree with Deputy Prime Minister Tharman that, amid the diversity of views, a common set of aspirations is indeed emerging about the future that many Singaporeans want: (a) A home with a strong Singaporean identity; (b) A vibrant economy with good jobs and a more fulfilling pace of life; (c) Strong families, where our seniors age with dignity; (d) A society that cares for our disadvantaged; (e) Affordable cost of living; and (f) A cohesive society where people and Government have a more collaborative relationship. I see this Budget and previous Budgets, as well as other measures taken by the Government, as clearly supporting these aspirations. I would like to make four broad points: on PMEs; on SMEs; on pace of life in Singapore; and on seniors. First, on PMEs. To build a home with a strong Singaporean identity, the Government has, among other things, drawn clearer distinctions over the last few years between Singaporeans and non-Singaporeans on many fronts, such as education, housing and healthcare. It has moderated the intake of PRs and new citizens, intensified integration efforts, restricted the inflow of foreign labour and levelled the playing field for mid-skilled and technically trained Singaporeans. Madam, notably, for PMEs, Government plans to establish a framework to ensure that firms give fair consideration to Singaporeans in their hiring practices. This goes significantly further than the current Tripartite Guidelines on Fair Employment Opportunities for Singaporeans.”
“In conclusion, I support the amendment Bill.”
“Industry players need to collaborate and join forces as well to safeguard the most valuable assets in our Critical Information Infrastructure (CII) which includes personal data, online services and, of course, our intellectual property. Together, the potential to handle and address cyber threats which can undermine our growth and prosperity will be stronger and more resilient. Madam, on the measures to strengthen the cybersecurity of CII, is there a deadline set for the implementation? Earlier today in the House, we heard the Minister for Communications and Information, in response to Question No 13, state that a review by the Government is ongoing and that there were lapses in the maintenance. This is quite worrying to me and I actually asked how long this review is going to take. Four, will the MHA be stepping up on its training and skills acquisition in these and related areas in order to be able to counteract new tactics and strategies by cybercriminals today? In that same context, whilst planning and strategising, we must not forget the risk of cyber insider attacks. There must be some allowances made in order for companies or Ministries to weed these out. We need to ring-fence our security model for the anticipated increase in sharing of services that is bound to occur, including a common and standardised approach to assurance, single sign-on system for employee authentication, security monitoring, with effective policing of compliance and enhanced Page: 60 network resilience. Finally, Madam, considering the scope of the Internet today, we certainly cannot just focus our efforts in Singapore alone. What about international and cross-border cooperation? What are we doing in this area, bearing in mind the global nature these threats can take?”
“This tribunal could have powers to order take-down, press for apologies to be made, impose community service orders, order persons concerned to attend counselling or mediation, and so on. This could later be expanded to deal with less serious cases of cyberbullying or harassment, and bring cybersecurity to the ordinary man. Mdm Speaker, I support the Bill. 3.42 pm Assoc Prof Fatimah Lateef (Marine Parade): Mdm Speaker, we live in an uncertain age. There exist real and growing threats to our interests in cyberspace and these threats are increased with the advent of the "Internet economy". Online fraud and tax frauds by organised criminals are now on the rise. Cyberattacks, worldwide, have increased in speed, frequency and sophistication. Page: 59 In the UK, in the 2012 Information Security Breaches Survey, it was found that 93% of large corporations and 76% of small businesses have had some form of cybersecurity breach in the past one year. The costs to these companies can indeed be large and significant. Thus, debating this Bill is timely and necessary since the last review was done in 2003. The amendments are also in line with similar moves by other developed countries. I have five points to raise: One, pertaining to section 15A, I am glad that the definition of "essential services" has been outlined and expanded in this Amendment to include a broader range of other health services, civil defence and also emergency services. I assume it would cover our new National Electronic Health Records which contains a tremendous amount of confidential and intimate information. Two, I support the stiffer penalties in this Amendment quoted as they do, I hope, act as a form of deterrence. Three, the Government cannot do all these alone.”
“Fifth query: can I seek clarity on a matter of interpretation of the scope of power envisioned in section 15A(2)(a)? The overarching purpose of the provision in sub-section (1) is wide, which is, to "prevent, detect, and counter threats to national security, essential services, defence or foreign relations". But sub-section (2)(a) empowers or requires specified persons to exercise powers set out in sections 39 and 40 of the Criminal Procedure Code, which refer to the accessing of computers and encrypted computer data for the purposes of investigating arrestable offences. Two questions: first, does this mean that there must be an arrestable offence disclosed before sub-section (2)(a) can be invoked? Second and more fundamentally, does this mean that private individuals or enterprises will be given powers to investigate offences? What are the safeguards? The sixth and final query is not specifically about prevention of cyberattacks, but about the policy on computer misuse in general and this follows the recent spate of intemperate online postings on Facebook, Twitter and elsewhere that potentially touch on racial or religious sentiments; in short, cybersecurity for the ordinary man and for society. For serious cases, we have provisions in the Sedition Act, Maintenance of Religious Harmony Act, Penal Code offences, and so on, which are investigated by the Police. But for less serious cases which though offensive, but are not necessarily made with criminal intent, would the Government consider setting up a tribunal to deal with and handle such cases, instead of requiring the Police to act at first instance?”
“Second, paragraphs (a) to (c) of sub-section (2) of this section envision that private individuals and corporations may be empowered to exercise extensive and intrusive powers of search and requisition of information that ordinarily are reserved for public as well as law enforcement officers. Their exercise of these powers is protected by a limited civil and criminal immunity. How will the Ministry ensure that these powers are exercised judiciously, proportionately and responsibly, while addressing concerns about privacy and fears about potential abuses? Third, imposing excessive compliance costs that are disproportionate to the risks may have a chilling effect on our attractiveness as a business environment and raise the entry barrier to certain industries for local SMEs. How would the Ministry ensure that it strikes the appropriate balance – between, on the one hand, having robust and effective safeguards, while on the other hand ensuring that it remains commercially viable to run those businesses? There needs to be an open conversation therefore between Government, business or business federations on the evolving nature of cyber risks and what a proportionate level of security ought to be. Fourth, if infrastructure operators believe that their safeguards are adequate, or feel that the obligations imposed are onerous or excessive, is there any avenue for them to appeal against an order under section 15A or to have the contents of the order varied? There is currently no such mechanism in the Bill. In short, Madam, what is the framework and what are the principles that Page: 58 will guide the Ministry of Home Affairs in the exercise of this very broad power?”
“The Achilles' heel, however, is their vulnerability to attack by hackers whether they be mischief makers, criminals, terrorists or even governments. Typically, states and governments respond by adding layers of stringent protective and detection measures. However, in the event that these measures fail, and parts of our system are effectively pushed back into the "Stone Age", do we have contingency measures to ensure that life goes on? In short, how operationally ready and prepared are we as a country in the event that critical systems fail or malfunction? Page: 57 Third query relates to cyberattacks which are a global phenomenon and often originate abroad. Close international cooperation is vital to complement domestic measures such as those envisioned under section 15A. Can the Ministry share what international or regional treaties or conventions Singapore has joined in order to combat cybercrime or cyber terrorism, and what is the state or extent the Minister can share of our operational cooperation with key international partners in this regard? Fourth query: while I appreciate that the threats facing our critical infrastructure are varied and may come from many angles and take many forms, the power under the new section 15A does confer a very wide discretion on the Ministry of Home Affairs. This raises a number of related concerns. First, how would the Ministry ensure that the privacy of ordinary individuals is not compromised inadvertently or otherwise, as part of surveillance and detection requirements?”
“Mdm Speaker, in October last year, US Defence Secretary Leon Panetta urged the US Congress to pass a cybersecurity law. He said that hackers had infiltrated the control systems of US critical infrastructure operating chemical, electricity and water plants, and warned of more destructive attacks that could cause loss of life if successful. As the Minister had articulated, Singapore is not immune to such risks, as much as we hope that they never materialise. As such, we need measures to protect the computer systems that run our key critical infrastructure against cyber threats. While I support the Bill, I still have a few queries for the Minister. First query is on the existing power in section 15A of the Computer Misuse Act which already allows the Minister to authorise the taking of such measures as necessary to prevent or counter any threat to computer service. I would imagine that owners of critical infrastructure who care about their own commercial reputation or who understand the serious consequences that may flow from a successful attack would implement proportionate protective measures. Could we have a sense from the Minister why there is now a necessity to not only authorise but to compel them to comply with the security requirements? Have they been slow to do so, on their own accord, or have existing protective measures been assessed to be inadequate to counter the real threats out there? Second query: the operation of many parts of critical infrastructure and systems are heavily dependent on infocomm technology, Internet connectivity and computer systems. This leverage on technology has permitted such infrastructure to take on unprecedented scale, sophistication and efficiency.”
“Families that have requested for casino exclusion for their family members are informed of these other exclusion options." Informed of these other exclusion options, I would like to ask if the Ministry would study the feasibility of extending the framework for exclusion orders and visit limits and, hopefully, also mandatory pre-commitment limits to these gaming outlets as well automatically as a matter of operational arrangement. Next, although it may be operationally difficult to do so, I would urge the Ministry to also study how responsible gaming can, in future, also be introduced into TOTO and 4D and gambling-like methods. It is indeed true that people can easily circumvent the measures by getting other people to buy for them, but the Ministry could consider either (a) making people play TOTO or 4D on their own accord or, (b) more realistically, require that they take responsibility for ensuring that the people they buy for are permitted to gamble. They can do this by screening their names and NRICs with the Singapore Pools operators, which I presume would be linked by system to the central database. Page: 1422 Sir, in closing, this Bill is a clear sign of the Government's strong commitment to continually review, refine and enhance the regulation of casinos and of gambling in general in order to protect and strengthen the protection of all Singaporeans. In that light, Sir, I support the Bill.”
“The 2011 gambling participation survey found that the proportion of low-income gamblers who bet large amounts has increased, and that probably pathological gamblers were found to have higher gambling frequencies and poorer self control, in terms not only of duration and frequency of gambling but, more importantly, also the size and quantum of their bets. (b) When a gambler realises that he needs or a family member realises that he needs an exclusion order or visit limit, it may often be too late. Serious damage may already have been done to the family. Better, therefore, to mandate that all gamblers set sensible loss limits before they even start. (c) There are well sought out reports and studies that support the idea of mandatory pre-commitment limits. See, for instance, the very comprehensive 2010 Inquiry Report on Gambling published by the Australian government's productivity commission. Mandatory pre-commitment has also been introduced in Norway and Sweden with relatively successful outcomes being reported. Last point is on widening safeguards for responsible gambling. Sir, I would urge the Minister to consider widening the safeguards in the Casino Control Act for other forms of gambling in Singapore. I believe this has been a point made by other Members as well. On 21 October 2011, the Acting Minister for MCYS had, in response to a Parliamentary Question by Mr Christopher de Souza, said and, I quote, "The National Council on Problem Gambling has also engaged other legal gambling operators to implement exclusions. For example, individuals can already apply to exclude themselves from jackpot rooms in Singapore. These include those run by SAFRA and NTUC. They can also exclude themselves from the telebet accounts of Singapore Pools and Singapore Turf Club.”
“Alternatively, why not impose an obligation on the casinos to serve that order immediately on the gambler if he were to turn up on the premises? These procedural tweaks will ensure that our exclusion order and visit limit framework is not undermined. Fourth point, strengthening the protection for Singapore families. I would urge the Minister to extend the protection currently given to Singaporeans and PRs to cover foreign spouses and dependants of Singaporeans and PRs as well. These foreign spouses and dependants may be on long-term visit pass or even on work pass. How do you extend coverage? I give three examples. (a) Extend the entry levy requirement in section 116 to cover these foreign spouses and dependants. (b) Prohibit the giving of credits in section 108 not only to Singaporeans and PRs but also their foreign spouses and dependants, and, (c) Prohibit casinos and junket operators under section 110 from targeting these spouses and dependants. Fifth point, introducing mandatory pre-commitment limits. I urge the Ministry to study whether to implement mandatory pre-commitment limits for casino gamblers in the next round of amendments. Pre-commitment limits refer to limits that gamblers set for themselves in terms of how much they can spend in the casinos even before they start gambling. This idea was raised by stakeholders during the consultation period. In their response, NCPG pointed to the current regime which is instead entirely voluntary and remains so. I would urge the Ministry to reconsider for the following reasons: Page: 1421 (a) Exclusion orders and visit limits only deal with one dimension of problem gambling, which is the temporal damage. This is inadequate.”
“(f) Those with significant assistance with utilities, HDB or service and conservancy arrears, and, (g) People in arrears of maintenance payments to children, parents or former spouses. Page: 1420 Three, enhancement of self exclusion framework. Sir, under the amended section 165A, subsection 4, a person who wishes to have a self exclusion order revoked may be required to undergo counselling or harm assessment. I would recommend that this be refined further so that visit limits can, in addition, be imposed if necessary. This will provide the half step or a halfway house position between full exclusion and total freedom to gamble. I would also like to ask the Minister, when a family member applies for a visit limit, can the NCPG instead impose an exclusion order if it thinks fit and vice versa. In short, does the NCPG have sufficient flexibility under the Bill? Further, I would like to ask the Minister about clause 90, sub clause A, which amends section 167, subsection 1. The effect is that the family exclusion order, provisional family exclusion order or visit limit must be served on the gambler before it is effective. The only exception provided in the Bill is when order is made against the gambler under section 165C, sub section 1, sub paragraph C, which is when the gambler cannot be found or is overseas. Sir, my question is whether section 165C, sub section 1, paragraph A and B should also be included in this exclusion. This would cover the situation when an exclusion order or visit limit is made in the absence of the gambler but where a summons to appear or notice to object has already been served on the gambler and he either, one, refused to respond or, two, failed to turn up.”
“We have heard Mr Ang Wei Neng speak earlier about the residents in his rental block who face gambling debts. Sir, there are about 45,600 households living in HDB rental flats with 2,400 on the waiting list. These households earn $1,500 or less, representing the lowest 20% income households. Another 1,600 families are putting up in Interim Rental housing. Many other receive some form of assistance from the Government or from statutory bodies, such as the CDCs. These individuals and families are socially and financially very fragile and deserve added protection. I, therefore, support the amendment clause 86 to allow the NCPG to make exclusion orders or impose visit limits on people with poor credit records or who are vulnerable to financial harm because of gambling as well as the amendment clause 87 to expand on the exclusion to people on prescribed Government social assistance and subsidies. However, Sir, I would like to propose that the Ministry consider extending the list on auto exclusion to the following groups of people so as to enhance the umbrella of protection. (a) Those who receive social and financial assistance under prescribed schemes provided not by Government but by VWOs, charitable foundations and other non-governmental entities. (b) Persons who file or against whom bankruptcy petitions have been filed. (c) Persons who applied to the Insolvency and Public Trustee's Office to be placed under the debt restructuring scheme (DRS). (c) People who borrow beyond certain thresholds from licensed moneylenders. (e) People who report to the Police or who are credibly reported to have borrowed money from unlicensed moneylenders.”
“Sir, I would like to make six points. One, facilitating anonymous applications for family exclusion orders. Sir, the National Council for Problem Gambling (NCPG) reported that as of 31 October this year, there was a total of about 130,000 exclusion orders. This is an increase of about 7,000 from the preceding month and is a good overall sign that the safeguards may be gaining traction and acceptance on the ground. But if we drill down into these figures, we notice that of these 130,000 exclusions, about 1,300 or just about 1% are family exclusion orders. There are over 85,000 active self exclusions, but of these, the majority, 88.9%, are foreigners – mostly foreign workers. The other 9,500 are Singaporeans and PRs who applied to exclude themselves. Third-party exclusions, which include auto exclusions, number some 43,000. There may be many reasons why the number of family exclusions is apparently low, relatively speaking. One possibility could be embarrassment or pressure within the family not to file for family exclusion orders against each other. I would, therefore, like to ask if the Minister would consider allowing anonymous applications for exclusion orders or visit limits by family, colleagues and friends of people who may be at risk of problem gambling. This may encourage more people to step forward to flag out their concerns for their loved ones, but to prevent abuse, applicants may be required to file a statutory declaration or to provide some proof to support and substantiate their relationship with the respondent as well as the basis for their claim or to face some form of penalty if the application was found to be frivolous or vexatious or without basis. Page: 1419 Sir, two, expansion of third-party and auto exclusion list.”
“Fifth, under the new section 33B(4), the determination of whether there was substantive cooperation is solely at the Public Prosecutor's discretion. Can I ask, Sir, from a procedural point of view, whether the accused person will be permitted to lead evidence, whether during the trial or at mitigation, whether in open court or "in camera", on the nature of assistance he had rendered to CNB and why he thinks he had substantively cooperated? Sir, finally, for the prisoners already sentenced and awaiting review, if and after this new law is passed, my question is: will they be given an opportunity to cooperate if they have not done so previously, or will they be confined to their conduct prior to trial? I hope the Minister will be able to address these operational concerns, so that this new law, this new innovation, can be implemented fairly, effectively and beyond reproach, both to temper justice with mercy for the vulnerable, and to help in our war against illicit drugs. Sir, I support the Bill. Page: 1123”
“Second, while the exception gives drug mules a strong incentive to turn against their syndicates, we need to be careful that it does not create a perverse incentive for them to falsely accuse other people, in the hope of saving themselves. Desperate people can and often do desperate things. While it may be easy to prove an allegation false against a perfectly innocent man, it may be harder to do so in relation to a person who is already tainted in some way. For instance, if a drug addict is falsely fingered by an accused person as a drug trafficker or local mastermind, it will be a harder task for CNB to disprove it. How will CNB hedge against such risks? Third, how will CNB measure "substantive cooperation"? Some tip-offs may result in instant success; others may take a long time to bear fruit. Sometimes, it depends on luck or the skill of the investigator or the level of cross-border cooperation. How long will the authorities wait before charging an offender and deciding whether he ought or ought not be issued with a certificate of cooperation? Fourth, substantive cooperation is determined on the basis of whether the offender had "assisted CNB in disrupting drug trafficking activities within or outside Singapore". This may be a bit too narrow and constrain Attorney-General's Chambers (AGC) from giving certificates in appropriate cases. For instance, what if the offender's cooperation led to an arrest of a large number of drug addicts, or the seizure of drug paraphernalia or drug manufacturing equipment, or the arrest of gang robbers who commit robbery to fuel their drug habit? All these instances fall outside the definition of "drug trafficking" as set out in section 2 of the Act.”
“It may be harder to prove intent under this approach, but, at the very least, it will allow CNB to take firm and decisive and early action to stamp out these drugs before they can take root in Singapore. I hope the Minister would consider this. Finally, Sir, on the major pre-occupation of the House so far – the discretion being given to the Court, in clause 14, not to impose the death penalty in certain circumstances. Under the current regime, Sir, the Public Prosecutor already has the discretion to do justice where the circumstances of the case demand. But giving the Courts discretion in the limited sense, in my view, is a move in the right direction and strikes the right balance. It recognises that while drug trafficking is often a deliberate, calculated and rational choice, vulnerable people can and do get exploited to take enormous risks as drug mules. It also gives drug traffickers a strong incentive to turn the tables against their syndicates, their bosses and their handlers. Hopefully, this will deter drug syndicates and turn the tide against the flow of drugs into Singapore. I do, however, have a few concerns that I hope the Minister can help address. These largely relate to the appropriateness of the criteria for substantial cooperation and whether certain cases may fall through the cracks. Page: 1122 First, at a conceptual level, as many Members have raised today, it is quite unlikely that genuine drug mules would have very much information to share with CNB. On the other hand, a person who seems to know quite a lot may not really be a drug mule.”
“How long will it roughly take from the time a new designer drug reaches Singapore's shores before it is detected and put on the Fifth Schedule? And then roughly how long before we make up in our minds to put the drug on the First Schedule as a controlled drug? My next question is about the liability of these first movers, that is, those persons who blatantly traffic in these new designer drugs. During this time, although the drug can be seized and confiscated by CNB, these first movers who traffic these drugs technically commit no crime, and cannot be detained or punished. Of course, if the drugs have a therapeutic purpose, then they can be charged technically under the Medicines Act or Poisons Act, but penalties there are not very severe. More likely, if the drugs have no therapeutic purpose, then no offence is committed. For example, Sir, I understand that the drug known as methylene-dioxy-pyro-valerone (MPDV) is the primary ingredient in so-called bath salts. But it is a central nervous system stimulant, and is taken by drug abusers in order to produce a cocaine- or methamphetamine-like high. I would therefore like to ask the Minister whether MHA would consider enacting a residual catch-all offence in the Misuse of Drugs Act to criminalise the import, manufacture or trafficking of any drug, if this is done for the purpose of drug abuse. This will apply to all drugs, whether on the Fifth Schedule or not. Although this runs contrary to the approach in the Misuse of Drugs Act of specifically listing each and every controlled drug, the underlying premise for my proposal is that no one should ever have a licence to peddle or traffic any substance or drug for the purposes of abuse.”
“Fifth, the new method of hair sample testing set out in clause 11. This provision gives CNB the power to take hair samples if it suspects that a person has consumed drugs. As Minister has explained, hair sample tests may reveal drug use over a longer window period than urine testing since drugs metabolise over time and are less likely to be detected in urine tests, whereas our hair keeps a record of drug usage over a longer time-frame. This could mean that a person who faces a hair test might face more drug consumption charges than a person who is asked to give urine. I appreciate Minister's explanation earlier that the positive hair sample testing results will, for a start, lead only to supervision orders. But this will be reviewed after some time. Therefore, can I ask how CNB intends to rationalise the use of both hair sample testing and urine testing over the long term? Sixth, the power to temporarily list drugs in the Fifth Schedule. The United Nations Office on Drugs and Crime (UNODC) reports that the pace with which new psychoactive substances have come onto the illicit drug market has "accelerated considerably". These drugs are engineered to remain outside international control. Last year alone, 49 new psychoactive substances were reported to the European Monitoring Centre for Drugs and Drug Addiction. The approach of temporarily listing these drugs, which would allow CNB to search and seize these drugs, is therefore a very important legislative and enforcement innovation. This will help CNB keep up with the ingenuity and engineering of drug syndicates. Page: 1121 My first question, Sir, is about how effective our sentinel system is in Singapore.”
“These include: (i) targeted drug prevention education, (ii) enhanced deterrence and enforcement, (iii) upstream intervention, (iv) more comprehensive supervision and rehabilitation, (v) deeper engagement with communities and families, and lastly (vi) enhancing local coordination and international cooperation. Can I also ask the Minister to provide us with a brief update on the implementation of these recommendations and whether there has been any early progress? Page: 1120 Third, the introduction of Community Rehabilitation Centres (CRCs). I support this move, as it reduces the risk of new drug abusers being influenced or contaminated by more hardcore repeat abusers in the DRC. Because the emphasis is on rehabilitation, it also gives young offenders a second chance without the stigma. But, Sir, the danger is that first time offenders may get the wrong impression that drug abuse is not a serious matter. How will the Ministry structure this regime so that the response to first-time drug abuse is not seen as "soft"? Fourth, the discretion that sets out clause 10 of the Bill would allow CNB officers to either discard the remaining urine samples if the instant urine test (IUT) shows up negative, or send these samples to Health Sciences Authority (HSA) for testing nevertheless. I presume in the first scenario, the case against the suspected abuser will be closed because the IUT is negative. But in the second scenario, because the samples are sent for more accurate testing, there is just that chance that charges may still be brought against the suspect. If this is indeed the case, Sir, I would like to ask the Minister how the CNB intends to exercise this discretion in a fair, transparent and even-handed manner.”
“Mr Speaker, Sir, recently, I met a young man who had just come out of a drug rehabilitation centre (DRC). With some help from a community leader, he quickly found a fairly well-paying job. Things were okay for about two months. But with weak will-power, bad company, and insufficient family support, he very quickly got caught up with drugs again. Who knows when he will finally quit? I have also met dysfunctional families – grandparents in their 70s looking after young grandchildren, because their parents are both in prison or DRC because of drugs. Drugs blight families and destroy lives. In my view, there can be no compromise on our tough stance against drugs and against those who peddle death for profit. At the same time, Sir, we need to strengthen public education to find new ways to reach out to our young people and protect them from the temptation to experiment with drugs. Otherwise, more of our young people will fall prey to drugs. I therefore support this Bill, but made seven brief points. First, the significant enhancement of penalties and creation of targeted new offences, as set out in clauses 4, 5 and 13. This is consonant with our zero-tolerance approach. But equally important are upstream innoculation and education, as well as downstream counselling and post-release supervision. Can I ask the Minister to share with us his assessment of how effective our current public education, offender counselling and rehabilitation, and post-release supervision regime has been so far in reducing and tackling drug recidivism? Second, the Taskforce on Drugs, led by Senior Minister of State Masagos, has proposed a framework of recommendations with six key pillars.”
“It is not going to be smooth sailing. Certainly, data and information transactions have become a key part of our lives today and, indeed, we all must handle this with utmost integrity and ethics. Sir, with that, I support the Bill. 5.28 pm”
“Patients seeking medical assistance from clinics and institutions are in their most vulnerable moments and will certainly automatically divulge information and data to those concerned. Now, healthcare data is, indeed, very intimate, very personal, very private and extremely confidential. We certainly need an utmost level of protection for these data. Can I ask the Minister whether there will be added layers or levels of protection for certain data which are managed in the healthcare sector besides those that are already available in the institutions? Many organisations these days are requesting for data which include NRIC numbers and, for example, the People's Association, too, now has upscaled its criteria for awards and requires our grassroots leaders to collect information, including NRIC number, for entry into a system to gauge the outreach into the community. What is the Ministry's take on this, please? Page: 865 Also, data of condominium owners which is often publicised on public notice boards by the MCST are easily accessible and available to people such as property agents and housing agents who can use this information sometimes even with very personalised brochures to residents living there. Will this Bill be able to look at some alignment with the Land Strata Titles Act? Sir, assumed consent is quite different from formally taking informed consent. Clear delineation is crucial to handle short-, medium-, as well as long-term repercussions which may surface. At the same time, we need to have a balanced and equilibrium approach to this issue. I commend MICA on putting forth this maiden Bill. There will certainly be some teething problems, but certainly we must move forward and continue to fine-tune as we progress into the future.”
“For section 4 on the applications of the Act, when it comes to foreign companies, private companies and MNCs, registered and operating here in Singapore, what happens when these foreign companies use the Singapore data and details overseas? How do we ensure the data is accorded the same level of protection when transferred overseas? Some of these companies may not have the appropriate contractual agreement as mentioned by the Minister. So, how do we have this added protection that we really need and also what about the data that has been collected prior to this Bill? Pertaining to the global flow of information and cross border data abuse, what will happen in such cases? For example, in the numerous transactions done by Singaporeans such as booking of hotels overseas, signing up for conferences, filling up application forms and many other similar examples, how can Singapore citizens who have been affected seek redress? Pertaining to the use of data on social networking sites such as Facebook, blogs, and so on, does this constitute "publishing" the information and data under this current Act? Sir, the Bill also has no specific reference to children under the age of 12 years. In the United States, for example, there is a Child Online Privacy Protection Act (COPPA) enforced in the year 2000 for children under the age of 13 years. Should we, in Singapore, have some form of verifiable parental consent for the collection of personal data of children or could children or minors be given automatic protection in some ways? On another issue, Sir. Electronic medical records are certainly an "in" thing in Singapore in the way we are going forward with one patient, one medical record.”
“This defence applies when the person sending the message can prove that the subscriber or user of the number had given consent to the sending of the message. Sir, I feel this defence may muddy and undermine the efficacy of the DNC registry. For instance, there could be a dispute as to whether the consent had come first, or whether the registration had come first, or whether there was even written consent in the first place. In my view, it would be much cleaner to just state that if a number is placed by the member of the public on the registry, then no calls ought to be made to disturb his peace and quiet, full-stop. Clause 43(3), Sir, therefore, ought to be deleted. Mr Speaker, Sir, with that, I support the Bill. 5.22 pm Assoc Prof Fatimah Lateef (Marine Parade): Sir, it was not too long ago when I received a phone call from one of the staff of a local bank who told me, "Madam, are you currently in country X about to purchase a diamond and ruby Cleopatra necklace which costs about S$400,000?" Well, of course, I was not in country X. And, of course, he assisted in protecting my bank services, terminating the card and saving my money. Sir, this Bill is a first in Singapore but represents a landmark one. It is timely, necessary and will only get more important with all the technology, telecommunications and IT development we are facing this century. It will assist with responsible use of personal data as well as guard customers' private details accordingly. Sir, I have no doubt our Government agencies will lead the way in doing this. Page: 864 Now, a few clarifications.”
“Six, one of the questions posed by MICA during the public consultation was whether the Bill should only cover organisations in Singapore, or whether coverage should also extend to personal data collection and processing activities in Singapore regardless of where the organisation is located. MICA posed this question because it was concerned about the practical difficulties of investigating complaints and enforcing the law against organisations with no presence in Singapore. Page: 863 I read through a sampling of the public responses on MICA's website and the majority of respondents, both corporations and individuals alike, felt that the law ought to apply regardless of where the organisations were located, so long as they were engaged in collecting, storing and using data here in Singapore. I fully agree. This provides a level playing field, ensures even-handed protection of personal information, and is in line with the wider jurisdictional reach of legislation such as the Computer Misuse Act. In any event, the Commission can and should work with foreign data protection regulators and law enforcement agencies given how easily data flows across borders. This seems to be the position taken in the Bill, as the term "organisation" is defined in clause 2(1) as including entities whether or not formed or recognised under Singapore law or resident or having an office or place of business in Singapore. Could I seek Minister's clarification that this is indeed the position taken in the Bill? And, finally, Sir, on the Do Not Call (DNC) registry, which I am looking forward to, I notice there is a defence in clause 43(3) of the Bill for those who send marketing messages without checking the registry.”
“Sir, I propose that appeals stop at the High Court, which is already a very high level. Go to the Court of Appeal for very important questions of law of public interest, and only then with leave of court. Five, I would like to ask the Minister what effect the Bill is intended to have on the common law of confidentiality. Is the Bill intended to codify or to modify the common law? For instance, Sir, let us look at clause 17(3) read with paragraph 1(m) of the Fourth Schedule. It states that an organisation, in this case a licensed healthcare institution, may disclose personal data about a current or former patient to a public body for the purposes of policy formulation or review. Under the common law, the physician treating the patient, as well as the healthcare institution, is under an obligation to respect the confidentiality of the patient's information. Over and above that, the doctor has to comply with the Singapore Medical Council's (SMC) Ethical Code and Ethical Guidelines which also has stipulations about medical confidentiality. Such disclosure would therefore have required expressed consent or a legal requisition under the Statistics Act, under existing law. Sir, to prevent confusion amongst professionals such as doctors and lawyers and other individuals who may be obliged to respect confidences under the common law and ethical codes, it may be helpful for the Commission to clarify and provide guidance on the interaction between the Data Protection law on the one hand, and common law and ethical obligations on the other.”
“Third, I notice that there is no obligation on organisations to promptly notify individuals or the Commission about significant data privacy breaches that may have occurred, for instance, when credit card numbers or sensitive medical records are stolen, lost or leaked. This was a suggestion made by a number of people during the public consultation phase, including notably by Professor Simon Chesterman, Dean of NUS Law School. I think this is an important provision to consider having as it will allow the individuals affected to take timely and necessary precautions and remedial actions. Four, while data protection is important, I think the provisions in Part VIII of the Bill, including the provision for reconsideration by the Commission and provisions on appeal, are a bit of an overkill. Let me describe the current process. Page: 862 First, when an individual makes a complaint and the Commission investigates and makes a direction, the Commission may be asked under clause 31 to reconsider its decision or direction. An appeal may then be made to the Appeal Panel under clause 33, which will constitute an Appeal Committee to hear the appeal. The Appeal Committee's decision is not final. It is, in turn, appealable, under various circumstances, two more times – once to the High Court and, yet another time, to the Court of Appeal. Sir, I think there may be too many layers of appeal. This creates uncertainty and delay in resolving disputes. The cost of such litigation may well be beyond the common man and put him at a disadvantage against corporations with time and deep pockets on their side. It is also disproportionate when compared to the number of levels of appeal available for other criminal and civil disputes that are heard before our courts.”
“While such acts may, under certain circumstances, be sanctioned as breaches under Part IV of the Bill or amount to offences in our Penal Code or the Computer Misuse Act, I would have preferred that the Personal Data Protection Act explicitly outlaw black market trading and trafficking in sensitive personal information. In the Japanese case I just mentioned earlier, the companies concerned may well have collected and stored personal data appropriately and instituted measures to safeguard them but, unfortunately, rogue employees allegedly sold the information to the two individuals operating the black market. Such an offence should be explicit and be backed by stiff penalties in the form of fines and jail terms, and be listed as a predicate offence under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (CDSA) so that illicit profits can be confiscated. Second, again on enforcement, I wonder if the powers contained in Schedule 9 of the Act are sufficient for the Commission and their officers to conduct full and thorough investigations into alleged non-compliance with our data protection laws. There are powers in the Schedule to require organisations to provide documents and information, and enact powers of entry, search and seizure, but I note there are no expressed powers to compel attendance of persons and the recording of statements from individuals which are essential in discerning the exact nature of the breach. For comparison, the Minister may refer to section 12(3) of the Private Hospitals and Medical Clinics Act and section 55A of the Infectious Diseases Act, both of which contain such powers to record statements.”
“At the same time, personal data protection is not just something for organisations and businesses to do. It should really begin with you and me. We have a role to play in safeguarding our own personal information. Some of us may just be a tad too naive and trusting: dutifully filling in every request for sensitive information that is sought, for instance, on a lucky draw coupon, without thinking twice about potential consequences if the information is abused. A healthy scepticism about the necessity of giving away valuable pieces of our own information to strangers who ask for it, is something that ought to be inculcated at home and in schools, and reinforced in the community. I, therefore, hope the Commission will consider working with schools, as well as community and grassroots organisations, to bring this message across to all Singaporeans, especially our more vulnerable groups, such as the young and our elderly, and to educate them about the data protection framework that we are putting in place to protect. They should understand what potential harm may be caused if they give away information, such as their NRIC numbers, their birthdays and other types of information. Sir, let me now comment specifically on the Bill. First, I find it striking that there does not appear to be any substantive provision in the Bill that criminalises or otherwise penalises the deliberate and unauthorised disclosure of personal data, for example, by employees, officers or agents, or for procuring such unauthorised disclosures. Page: 861 Contrast this with section 55 of the UK Data Protection Act 1998, which makes it a crime to obtain personal data from data controller without consent and to sell or offer to sell such information.”
“In a 2008 Australian government report, the growing incidence of identity-related crime in many countries was attributed to a number of factors, including globalisation, the rise in high-speed information flows, increase in the use of remote communications, greater sophistication in forgery techniques, as well as "the widespread collection and dissemination of data about individuals by private sector and other organisations, which provide opportunities for easier access to personal information". Page: 860 Sir, I think these factors apply equally in Singapore. The introduction of an overarching data protection legislation is, therefore, critical, if a little overdue. It will complement existing laws, such as the Computer Misuse Act, the Penal Code and the Electronic Transactions Act, as well as other sectoral data legislation, to help increase protection around sensitive personal information. But merely having such a legal framework is insufficient. Organisations and businesses must genuinely treat personal information of their customers and their employees with care and respect, and embrace data protection as an intrinsic and valuable part of business culture. Otherwise, if this is seen as just yet another cost to manage, then there will only be lip-service compliance or, worse, creative compliance. The Personal Data Protection Commission should, therefore, focus its efforts along two main lines: (1) working with business and other federations to educate, help and incentivise organisations and businesses to adopt effective data protection protocols; and (2) devoting sufficient resources to enforce the rules firmly and fairly against organisations that flout basic data protection standards.”
“Mr Speaker, Sir, identity-related crimes cost the British public some £2.7 billion in 2010. In the US, a 2007 survey report estimated that some eight million people fell victim to identity fraud, losing close to US$50 billion. The growth in identity-related crimes is closely associated with the rampant global black market in personal information. Just this month, for example, it was reported in the news that Japanese police had arrested two research firms' employees on charges of illegally obtaining private information from a broad network of information suppliers. These suppliers included mobile phone salesmen, staff at job placement centres, as well as police officers. In the last four years, the pair allegedly made more than ¥850 million, or more than S$13 million. Quite ironically, they claimed that their business had turned profitable after Japanese data protection law kicked in and created a greater demand in the black market. The current black market price list for sensitive personal and financial information was recently put up on the website of the US Office of the National Counter-Intelligence Executive (NCIX) to generate greater public awareness about data security. Apparently, it costs just US$3 to buy an American citizen's social security number, which the NCIX notes, wryly, is cheaper than a McDonalds' Happy Meal.”