Murphy's Law - /page/encryption.mu

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

Section 5 of the Strategic Goods (Control) Act prohibits the export of strategic goods and technologies, as set out in orders published by the government. Section 4A of the Act allows the government to, by order, prescribe military or dual-use goods and technology as strategic goods and technology for the purposes of the Act. A copy of the law can be found here . The Strategic Goods (Control) Order 2019, which prescribes certain military or dual-use goods and technology as strategic goods and technologies, includes certain forms of encryption technology. A copy of the Order can be found here .

Other restrictions

No known legislation or policies. Section 261C of the Copyright Act explicitly prohibits the use of decryption as a means to circumvent technological measures used to preserve copyright. Section 261D provides for various exceptions, including where it is done when undertaking research on any encryption technology. A copy of the law can be found here .

Obligations on individuals to assist authorities

Section 40 of the Criminal Procedure Code allows the Public Prosecutor, by order, to authorise a police officer or an authorised person to exercise certain powers to access decryption information. These are: (a) to access any information, code or technology which has the capability of retransforming or unscrambling encrypted data into readable and comprehensible format or text for the purposes of investigating the arrestable offence; (b) to require (i) any person whom he reasonably suspects of using a computer in connection with an arrestable offence or of having used it in this way; or (ii) any person having charge of, or otherwise concerned with the operation of, such computer, to provide him with such reasonable technical and other assistance as he may require for the purposes of paragraph (a); and (c) require any person whom he reasonably suspects to be in possession of any decryption information to grant him access to such decryption information as may be necessary to decrypt any data required for the purposes of investigating the arrestable offence. Failure to do so is a criminal offence punishable by up to three years’ imprisonment and/or a fine of up to 10,000 SGD. A copy of the Code can be found here . Section 13(1) of the Private Lotteries Act provides that where the Commissioner of Betting Duties has reasonable cause to believe that an offence under the Act has been committee, he (or any other officer of a public authority authorised by him), “may access any information, code or technology which has the capability of retransforming or unscrambling encrypted data contained in or available to such computers into readable and comprehensive format or text”. Section 13(1) also enables the person to search and seize, among other things, computers and other devices. The person may also require any person in charge of (or otherwise concerned with) the computer or device to provide them “with such reasonable assistance as he may require”; they may also require “any person in possession of decryption information to grant him access to such decryption information necessary to decrypt data required”. Failure to comply is a criminal offence punishable by a fine of up to 1,000 SGD. A copy of the law can be found here . The Income Tax Act, the Goods and Services Tax Act, and the Property Tax Act all provide for similar powers for the relevant Comptrollers to have access to any information, code or technology which has the capability of retransforming or unscrambling encrypted data contained or available to such computers into readable and comprehensive format or text for any of the purposes of the relevant Act. The Comptrollers may also search and seize, among other things, computers and other devices; require any person in charge of (or otherwise concerned with) the computer or device to provide them reasonable assistance; and require any person in possession of decryption information to grant him access to such decryption information necessary to decrypt data required. In all cases, failure to comply is a criminal offence punishable by a fine not exceeding 10,000 SGD or to imprisonment for a term not exceeding 12 months or to both. In the case of a continuing offence, to a further fine not exceeding 100 SGD for every day or part of a day during which the offence continues after conviction. A copy of the Income Tax Act can be found here . A copy of the Goods and Services Tax Act can be found here . A copy of the Property Tax Act can be found here . Sections 48(2)(c) and 50(1)(d) of the Carbon Pricing Act provides a power to an authorised officer, in monitoring compliance with the Act, to require any person at a premises to provide them or grant them access to “any information, code, software or technology required to operate or access data” contained in particular computer, device or document and “to retransform, unscramble or decrypt data contained in such thing into readable and comprehensive format or text”. Failure to comply is a criminal offence punishable by a fine not exceeding 10,000 SGD or to imprisonment for a term not exceeding 12 months or to both. In the case of a continuing offence, to a further fine not exceeding 100 SGD for every day or part of a day during which the offence continues after conviction. A copy of the law can be found here .

Obligations on providers to assist authorities

Section 40 of the Criminal Procedure Code allows the Public Prosecutor, by order, to authorise a police officer or an authorised person to exercise certain powers to access decryption information. These are: (a) to access any information, code or technology which has the capability of retransforming or unscrambling encrypted data into readable and comprehensible format or text for the purposes of investigating the arrestable offence; (b) to require (i) any person whom he reasonably suspects of using a computer in connection with an arrestable offence or of having used it in this way; or (ii) any person having charge of, or otherwise concerned with the operation of, such computer, to provide him with such reasonable technical and other assistance as he may require for the purposes of paragraph (a); and (c) require any person whom he reasonably suspects to be in possession of any decryption information to grant him access to such decryption information as may be necessary to decrypt any data required for the purposes of investigating the arrestable offence. Failure to do so is a criminal offence punishable by up to three years’ imprisonment and/or a fine of up to 10,000 SGD. A copy of the Code can be found here . Section 13(1) of the Private Lotteries Act provides that where the Commissioner of Betting Duties has reasonable cause to believe that an offence under the Act has been committee, he (or any other officer of a public authority authorised by him), “may access any information, code or technology which has the capability of retransforming or unscrambling encrypted data contained in or available to such computers into readable and comprehensive format or text”. Section 13(1) also enables the person to search and seize, among other things, computers and other devices. The person may also require any person in charge of (or otherwise concerned with) the computer or device to provide them “with such reasonable assistance as he may require”; they may also require “any person in possession of decryption information to grant him access to such decryption information necessary to decrypt data required”. Failure to comply is a criminal offence punishable by a fine of up to 1,000 SGD. A copy of the law can be found here . The Income Tax Act, the Goods and Services Tax Act, and the Property Tax Act all provide for similar powers for the relevant Comptrollers to have access to any information, code or technology which has the capability of retransforming or unscrambling encrypted data contained or available to such computers into readable and comprehensive format or text for any of the purposes of the relevant Act. The Comptrollers may also search and seize, among other things, computers and other devices; require any person in charge of (or otherwise concerned with) the computer or device to provide them reasonable assistance; and require any person in possession of decryption information to grant him access to such decryption information necessary to decrypt data required. In all cases, failure to comply is a criminal offence punishable by a fine not exceeding 10,000 SGD or to imprisonment for a term not exceeding 12 months or to both. In the case of a continuing offence, to a further fine not exceeding 100 SGD for every day or part of a day during which the offence continues after conviction. A copy of the Income Tax Act can be found here . A copy of the Goods and Services Tax Act can be found here . A copy of the Property Tax Act can be found here . Sections 48(2)(c) and 50(1)(d) of the Carbon Pricing Act provides a power to an authorised officer, in monitoring compliance with the Act, to require any person at a premises to provide them or grant them access to “any information, code, software or technology required to operate or access data” contained in particular computer, device or document and “to retransform, unscramble or decrypt data contained in such thing into readable and comprehensive format or text”. Failure to comply is a criminal offence punishable by a fine not exceeding 10,000 SGD or to imprisonment for a term not exceeding 12 months or to both. In the case of a continuing offence, to a further fine not exceeding 100 SGD for every day or part of a day during which the offence continues after conviction. A copy of the law can be found here .

Assessment Text Area

In Singapore, a police officer or an authorised person to exercise certain powers to access decryption information by the Public Prosecutor. Failure to do so is a criminal offence punishable by imprisonment and/or a fine. Comptrollers are also provided with the power to have access to any encrypted information, code or technology and require any person in charge of (or otherwise concerned with) the computer or device to provide them reasonable assistance; and require any person in possession of decryption information to grant access to decryption information necessary to decrypt data required.

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