Data Protection and Cybercrime: Legal Analysis of Key Provisions

This document provides a comprehensive legal analysis of data protection and cybercrime, focusing on key provisions related to consent, unauthorized access, and alteration of computer material. It examines offenses such as unauthorized access to computer material, unauthorized alteration of computer material, and unauthorized use or interception of computing services, as defined under relevant legislation. The analysis covers scenarios where informed consent is required for the disclosure of personal information and the penalties associated with violating these laws, including imprisonment and financial penalties. Furthermore, it addresses the concept of a 'secure computing system' and the heightened penalties for offenses involving such systems, particularly those related to national security and essential services. The document clarifies the scope of these laws, emphasizing that offenses apply regardless of the specific information targeted or the temporary or permanent nature of alterations. This analysis is designed to provide a clear understanding of the legal framework governing data protection and cybercrime.

Consent Required:
Personal information of an individual shall not be disclosed by the employer
organisation on or after the day of appointment unless –
I. An informed consent has been or deemed to have been approved by the individual
under the deemed Act for collecting, using or disclosing, in accordance to the
situation; or
II. Collection, disclosure or use, in accordance to the situation, without the informed
consent of individual is entail or permitted under the Act or any written law.
Provision of Purpose:
In the deemed Act, citations to the consent granted, or considered to have been
granted, by the individual for collection, disclosure or use of the individual’s personal
information shall consist granted, or considered to have been granted, by any authorised
individual acting in interest of that individual for the collection, disclosure or use of the
personal information.
Collecting and procuring customer’s personal information from the employment place
in the absence of any likely reason.
Considered Consent:
In case an individual authorises, or is considered to have authorised, consent to the
declaration of personal information of an individual by a firm to another firm for a specified
objective, the individual is considered to have consented to the gathering, declaration or use
of the personal information for that specified purpose by the other firm.

9.— (1) In case of accessing any secure computing system is deemed as a punishable offence
under sections 3,5,6 or 7, the person found guilty of offending the sections shall be liable of
conviction for an imprisonment of up to 20 years or a penalty of $100,000 or both.
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(2) The subsection (1) shall be valid, if the computing system is deemed as a “secure
computing system” if the individual offending was aware or ought reasonable to be aware,
that the computing system or data or program is associated or are used directly in association
with or mandatory for -
(a) The defence, security or international relations of Singapore;
(b) Identification or existence of the secret source of data relevant to pursuance of
criminal law;
(c) “The provision of services” that are undeviating relevant to the communications
framework, financial and banking service, public transportations, public key
infrastructure or public utilities; or
(d) Systems that are relevant to protection of the public that includes the systems
relevant to needed urgency services like the civil defence, the police and the
medical services.

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(3) To proceed with prosecution within the law, it shall be conjectured, until the adverse is
evinced, that the culprit is in possession of necessary knowledge in reference to subsection
(2), if there is, in accordance to the data or the program, computing system, electronic or,
other cautions exhibited to the culprit quoting that unsanctioned access to the computing
system, data or program attracts an amplified penalty under the deemed section.
Unauthorised alteration of the computer material
5.— (1) Concerning with the subsection (2), any individual who conducts any act that one is
aware will root an unsanctioned alteration to the contents of any computing system shall be
deemed guilty of offence and hence liable to conviction of a penalty up to $10,000 or to an
imprisonment of up to 3 years or both and on repetition of the same act a penalty of $20,000
or an imprisonment of up to 5 years or both.
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(2) If any causality is resulted as an offence to the deemed section, the individual convicted
for the offence shall be culpable of a penalty of up to $50,000 or an imprisonment of up to 7
years or both.
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(3) Concerning with the deemed section, it is irrelevant that the act in query is not directed
to —

(a) any specific information or program;
(b) An information or program of any type; or
(c) An information or program that is held in any specific computing system.
(4) Concerning with the deemed section, it is irrelevant if an unsanctioned alteration is, or is
proposed to be, merely temporary or permanent.
Unsanctioned use or the interception of computing services
6.- (1) Concerning to the subsection (2) any individual who knowingly –
(a) Prevents trespassing to any computing system concerned with acquiring, directly
or indirectly, any computing services;
(b) obstructs or tends to obstruct without proper authorisation, deviating or
undeviating, whichever function of the computing system by using mechanical,
electro-magnetic, acoustic or any other device; or
(c) utilise or roots to utilise, directly or indirectly, a computing system or any of the
different devices concerning with enacting offence under the paragraph (a), or

(b),
shall be culpable of offence and hence shall be liable for sentence to a penalty of up to
$10,000 or an imprisonment of up to 3 years or both and repetition of the offending act will
result in a penalty of up to $20,000 or an imprisonment of up to 5 years or both.
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(2) If any casualty is resulted from an offence to the deemed section, the convicted
individual for the offence than shall be liable of a penalty of upto $50,000 or imprisonment of
upto 7 years or both.
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Unsanctioned accessing of computer material
3.—(1) Concerning with the subsection (2), any individual who with informed consent roots
a computing system to execute any function to secure access without proper authority to any
data or program stored within the computing system is deemed culpable of offence and shall
be subjected to a penalty of upto $5,000 or imprisonment of upto 2 years or to both and, in
the event of subsequent or second conviction, to a penalty of upto $10,000 or an
imprisonment of upto 3 years or both.
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(2) In the event of any casualty as a result of offending the deemed section, the culprit shall
be culpable to a penalty of upto $50,000 or an imprisonment of upto 7 years or both.

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(3) With consideration of the deemed section, it is irrelevant that the act in the question is not
directed to —
(a) any specific information or program;
(b) An information or program of any type; or
(c) An information or program detained in a specific computer.