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SINGAPORE – A law will be passed to formalize the assurances previously made that the use of data from the TraceTogether contact tracing program for criminal investigations will be limited to seven categories of serious crimes, including kidnapping, rape and murder.
The legislation will be presented at the next session of Parliament in February on a Certificate of Urgency, the Office for Digital Government and Smart Nation (SNDGO) said in a statement on Friday evening (January 8).
The office said the legislation will specify that personal data collected through digital contact tracing solutions, which comprise the TraceTogether program and the SafeEntry program, can only be used specifically for contact tracing.
However, there is an exception: when there is a clear and urgent need to use such data for criminal investigations on serious crimes that fall into seven categories.
SNDGO added that the Government “acknowledged our error” by not claiming that TraceTogether data can be used for criminal investigations under the provisions of the Criminal Procedure Code (CPC).
Authorities had initially indicated that the TraceTogether data would be used only for contact tracing, before acknowledging that it could be accessed for criminal investigations, drawing criticism. Finally, they clarified that this would be done only for serious crimes.
On Monday, the Minister of State for Home Affairs, Desmond Tan, said in Parliament that TraceTogether data is not excluded from the CPC provisions that allow the police to access the data needed in criminal investigations.
Then on Tuesday, Foreign Minister Vivian Balakrishnan and Home Affairs and Law Minister K. Shanmugam told Parliament that the data collected by TraceTogether will be used with the utmost restraint. While the police have the power to access the data for criminal investigations, they will do so only for very serious crimes, such as murder, the two ministers said.
There was some public concern over the Parliament’s statements, as the Government had previously ensured that the collected data would only be used to trace contacts.
On Friday, SNDGO said that it was not in the public’s interest to completely deny the police access to contact tracing data “when the safety of the public or the good conduct of justice is at stake.”
“If a serious crime 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,” the office added.
The TraceTogether app and tokens exchange encrypted and random Bluetooth signals with nearby users of the app or token to quickly track people exposed to confirmed Covid-19 cases. The data, when not encrypted, is linked to a person’s phone number and other identifying details.
Observers such as Associate Professor Eugene Tan from Singapore Management University told The Straits Times that the decision to clearly define in law the circumstances in which the police can use TraceTogether data should mitigate concerns about how much access authorities have. to them.
“I use relief because I still think there are people who will take the view that we keep contact tracing pure, because (if you can use it to fight crime) it means that this technology has the ability to do other things and it could be this. persistent suspicion, “said the former deputy nominee.
More importantly, this should help refocus the public’s attention and energy towards fighting Covid-19, he added.
“The furor has been an unnecessary distraction and, hopefully, this move will allow the Government to regain the confidence of Singaporeans, who have recognized that it has been essential in keeping Covid-19 under control here.”
MacPherson MP Tin Pei Ling said that since Tuesday’s exchange in Parliament, a small number of her residents had raised concerns about the use of TraceTogether data and the need for safeguards to articulate what kinds of crimes they would justify. its use.
“With this legislation, it is a very definitive step to try to dispel any doubts,” said Ms Tin, who chairs the Government’s Parliamentary Communications and Information Commission.
“Once the details are known, it should be very clear what the process will be like, what are the specific categories of crimes that will allow the request for this data, so it will leave nothing to the imagination.”
GRC Aljunied MP Gerald Giam said the Workers’ Party will study the bill when it is presented to Parliament and formulate its response accordingly.
The proposed law to ensure that the use of contact tracing data is limited to serious crimes will expressly cover the following:
1. Crimes that involve the use or possession of corrosive substances, as well as offensive or dangerous weapons. This includes possession of firearms and armed robbery with firearms.
2. Terrorism-related offenses under the Terrorism Act (suppression of bombings), the Terrorism Act (suppression of financing) and terrorism (suppression of the misuse of radioactive materials)
3. Crimes against persons in which the victim is seriously injured or dies. This includes murder, wrongful death that does not amount to murder, and willfully causing serious harm where the injury to the victim is life-threatening.
4. Drug trafficking offenses in which the penalty is death
5. Escape from legal custody when there is reason to believe that the person will cause imminent harm to others.
6. Kidnapping
7. Serious sexual crimes, such as rape and penetrative sexual assault
Under the proposed law, personal data collected for contact tracing can be used for police investigations or legal proceedings for such serious crimes.
The data cannot be used in investigations, inquiries or judicial proceedings of any other crime in addition to these seven categories of serious crimes, SNDGO said.
“We value the trust the public has placed in the TraceTogether program and the feedback from members of the public,” the office added.
SNDGO said that Dr. Balakrishnan and Mr. Shanmugam held a public consultation on Friday with members of the press, the legal fraternity, technology experts and academia on Friday to hear their views on the matter.
“The opinions gathered will inform the debate on the upcoming legislation.”
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