9/18/2019 Singapore | Global Network Initiative The financial penalties for non-compliance include a fine of up to the higher of: • 10% of the annual turnover of the part of the business granted the licence; or • SG$1 million; and • if the telecommunications operator continues to not comply a further fine of up to SG$100,000 for every continuing day of non-compliance may also be imposed. These powers can remain confidential if the Minister is of the opinion that the disclosure of such directions is against public interest. Whilst the appeal processes envisioned under the TA do not apply to the exercise of the Minister’s discretion under section 58, a Telco Operator could seek judicial review of such a decision by the Minister if they can demonstrate that there was illegality, irrationality or procedural impropriety in the exercise of the Minister’s decision. THE CRIMINAL PROCEDURE CODE Under Part IV of the Criminal Procedure Code (“the CPC”), authorities are given broad powers to intercept communications. Section 39 of the CPC permits police officers or “authorised persons”, as appointed, to access, inspect and check the operation of a computer that they have reasonable cause to suspect have been used in connection with an arrestable offence or (more broadly) the police officer can use any such computer to search for any data available or contained within. “Authorised persons”, for the purposes of section 39 of the CPC, are forensic specialists as appointed under section 65A of the Police Force Act or any other person, authorised in writing by the Commissioner of Police. Computer is defined broadly in the Computer Misuse and Cybersecurity Act (“CMCA”) (a definition which also applies under the CPC). This would include any data processing facility e.g. a smartphone. The exercise of powers under section 39 of the CPC are not subject to judicial approval. It is also worth noting that section 18(2) (of the CPC) provides that the exercise of a police officer of these powers may not be called into question on the ground the officer lacked authority to investigate. Section 40 of the CPC further grants powers to the Public Prosecutor who may authorise a police officer or “authorised person” to access and/or decrypt any https://clfr.globalnetworkinitiative.org/country/singapore/ 2/13