9/18/2019 Singapore | Global Network Initiative computer or computer service (s. 15A(2)(c)) [emphasis added]; and • order a report of a breach or an attempted breach of security to be provided relating to any computer controlled or operated by the specified person (s. 15A(2)(d)). Again, this could, for example, be used to listen to individuals’ phone calls without their knowledge in real-time. However given that this would be conducted covertly by the Singapore government, there is little publicly available information on the exercise of such powers in practice. Punishments for failing to comply with any request under section 15A CMCA can result in fines of up to SG$50,000 or to imprisonment for a term not exceeding 10 years or both. The powers under the CMCA are broadly drafted and are supported by section 14 of CMCA which states nothing in the CMCA shall prohibit a police officer, an authorised person within section 39 of the CPC or any other duly authorised law enforcement officer from lawfully conducting investigations pursuant to the powers conferred on them under any written law. Section 16 of the CMCA further provides that any police officer may arrest without warrant any person reasonably suspected of committing an offence under the CMCA. Disclosure of Communications Data TELECOMMUNICATIONS ACT Section 59 of the TA states that the IMDA may order any person to produce any document or information for the purposes of an investigation. This would include the content of messages and the metadata surrounding it. Powers of production are replicated in the Telecom Competition Code (“TCC”). At 11.6 of the TCC telecom operators, as well as certain other businesses operating in the telecommunications sector, may be required to produce specified documents or information as determined by the IMDA. Under this provision, the IMDA is also entitled to physically inspect accounts, documents, records, facilities and operations. The penalties of non-compliance under the TCC are set out at 11.4.4 and broadly track those discussed above under section 58 of the TA – i.e. fines of up to 10% of global turnover or SG$1 million. In addition, under 11.4.5 of the TCC, https://clfr.globalnetworkinitiative.org/country/singapore/ 4/13