9/18/2019 Singapore | Global Network Initiative data which is necessary for investigating the arrestable offence. This includes data stored on “computers” accessed under section 39 of the CPC. The legislation is broadly worded and, in theory, allows both overt as well as covert examination. The extent to which these powers are used covertly in practice is not information that is in the public domain. However, these powers could technically be used to listen to individuals’ phone calls without their knowledge in real-time. Obstructing access or failing to comply with a requirement of a police officer or forensic specialist, under the provisions of section 39 of the CPC can result in a fine of up to SG$5,000 or imprisonment for a term not exceeding 6 months or both. Obstructing access to the data or failing to provide technical or other assistance with decryption, for failing to comply with the provisions of section 40 of the CPC can result in a fine of up to SG$10,000 or imprisonment of up to 3 years or both. If the crime is of a higher threshold, e.g. terrorism, kidnapping, murder etc. then the punishments can be a fine of up to SG$50,000, imprisonment of up to 10 years or both. COMPUTER MISUSE AND CYBERSECURITY ACT Under section 15A of the CMCA, where the Minister of Home Affairs is satisfied that it is necessary for the purposes of preventing, detecting or countering any threat to national security, essential services or defence of Singapore or foreign relations of Singapore, in order to prevent, detect or counter any threat to a computer or computer service or any class of computers or computer services they may: • direct a police officer or authority to exercise their powers under section 39 or 40 of the CPC (s.15A(2)(a)) (i.e. allowing access to data stored on any computer); • order a police officer, prosecutor or other authority to direct a person to provide any information necessary to identify, direct or counter any threat to a computer or computer service (s.15A(2)(b)); • order any person to provide to the Minister of Home Affairs or any public officer any information (including real-time information) obtained from any computer controlled or operated by that person or obtained from another person that is necessary to identify, detect or counter any such threat to a https://clfr.globalnetworkinitiative.org/country/singapore/ 3/13