(b) any person having charge of, or who is otherwise concerned with the
operation of, such computer or computer system.
(5) Where the owner of the computer or other equipment does not consent to the
exercise of the power mentioned in subsection (2)(h), the power may be exercised if the
Commissioner is satisfied that —
(a) the exercise of the power is necessary for the purposes of the investigation;
(b) there is no less disruptive method of achieving the purpose of the
investigation; and
(c) after consultation with the owner, and having regard to the importance of
the computer or other equipment to the business or operational needs of the
owner, the benefit from the exercise of the power outweighs the detriment
caused to the owner,
and the Commissioner has issued to the incident response officer a written authorisation
to exercise the power.
(6) The incident response officer must, immediately after the completion of the
further examination or analysis on the computer or other equipment which was taken into
possession in exercise of the power mentioned in subsection (2)(h), return the computer
or other equipment to the owner.
(7) Any person who —
(a) in relation to an investigation under this section, wilfully misstates or
without reasonable excuse refuses to give any information, provide any
statement or produce any record, document or copy required of the person
by the incident response officer under section 19(2);
(b) in relation to an investigation under this section, fails, without reasonable
excuse, to comply with an order issued by a Magistrate under
section 19(5);
(c) fails, without reasonable excuse, to comply with a direction or requirement
of an incident response officer under subsection (2)(b) or (c); or
(d) fails, without reasonable excuse, to comply with a lawful demand of an
incident response officer made in the discharge of the incident response
officer’s duties under this section,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding
$25,000 or to imprisonment for a term not exceeding 2 years or to both.
Singapore Statutes Online
Published in Acts Supplement on 12 Mar 2018
PDF created date on: 30 Aug 2022
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