BR Law Corporation
br@brlawcorp.com +65 6899 9888
  • Our Team
  • Practice Areas
  • News and Insights
  • Join Us
  • Contact Us
br@brlawcorp.com +65 6899 9888

Letting Governments Read Your WhatsApps

 
13 January 2015
Dharma Sadasivan
Picture
​Ahead of the UK's general elections, David Cameron has argued that the UK government should be allowed to access any and all forms of communication. It is premised on his assertion that until now, governments have always taken the position that there should be no means of communication that the government is unable to gain access to, which is why certain intrusive activities (think wiretapping) can be carried out with a warrant. He implies that his position is just a simple extension of the current practice.
If Mr Cameron gets his way, the effect would be that all forms of communication will become subject to government access (upon the necessary formalities being met) - your WhatsApps, iMessages, Snapchats, Telegrams, etc, notwithstanding that many of these communications services are encrypted in an attempt to protect the privacy of the users.

In this regard, Singapore can lay claim to being well ahead of the curve - Singapore's Personal Data Protection Act 2012 ("PDPA") has express exemptions for this purpose.
  • The Second Schedule (Collection of personal data without consent) allows collection of personal data without consent if "the collection is necessary in the national interest".
  • Similarly, the Third Schedule (Use of personal data without consent) and Fourth Schedule (Disclosure of personal data without consent) allow the use and disclosure of personal data where the use or disclosure "is necessary in the national interest".

Beyond that, section 4(1)(c) of the PDPA exempts public agencies and organizations acting on behalf of public agencies entirely from the PDPA's data protection obligations. A "public agency" is defined under the PDPA as "the Government, including any ministry, department, agency or organ of State, any tribunal appointed under any written law, or any statutory body [established under a public Act]."

It therefore seems clear that the position in Singapore and currently espoused by Mr Cameron is "do as we say, not as we do". Private entities and companies are expected to provide personal data protection while government entities should be allowed complete and unrestricted access.

This ultimately brings into clearer view the underlying question that now plagues all modern societies - how far should civil liberties (however much of them remain) be eroded in the name of national security, and who wins when they are sacrificed?


Dharma Sadasivan
Associate Director, Bernard & Rada Law Corporation
dharma@brlawcorp.com

Post date. Edit this to change the date post was posted. Does not show up on published site. 13/1/2015


Your comment will be posted after it is approved.


Leave a Reply.

    We're Here To Help

    Our team welcome any comments or questions and will gladly assist you with your enquiry. You can call us on +65 6899 9888 or fill out our simple contact form. 

    Disclaimer

    The materials in these articles have been prepared for general informational purposes only and are not legal advice or a substitute for legal counsel. If you require legal advice for your particular circumstances, please consult a suitably qualified legal counsel. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not rely or act upon this information without seeking professional counsel. Whilst we endeavour to ensure that the information in these articles is correct, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for error or omission. The authors of the articles are or were employees of BR Law Corporation at the time of  publication, but may no longer be, now or in the future, in the employ of the firm.

    Subscribe to our Newsletter

    Subscribe to our quarterly newsetter to keep up to date with a wealth of insights from the BR Law, BR Family Assets and BR Corporate services team.
    Subscribe to Newsletter

    RSS Feed

    Categories

    All
    Awards And Accolades
    Commercial Transactions
    Conveyancing
    Corporate Law
    COVID19
    Criminal Law
    Dispute Resolution
    Family And Matrimonial Law
    Intellectual Property
    International Law
    Personal Data Protection
    Probate And Administration
    Technology
    Wills And Trusts

    Archives

    November 2022
    June 2022
    May 2022
    April 2022
    March 2022
    November 2021
    October 2021
    September 2021
    July 2021
    May 2021
    April 2021
    October 2020
    September 2020
    July 2020
    May 2020
    April 2020
    January 2020
    October 2019
    June 2019
    March 2019
    February 2019
    January 2019
    December 2018
    August 2018
    July 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    September 2017
    August 2017
    January 2017
    September 2016
    March 2015
    January 2015
    July 2014
    June 2014
    May 2014
    April 2014

Firm Brochure

Download

Practice Areas

Subscribe to our quarterly newsetter to keep up to date with a wealth of insights from the BR Law.
Subscribe to Newsletter

Contact Us

br@brlawcorp.com
 
Main Branch - Republic Plaza
9 Raffles Place
#08-03 Republic Plaza
Singapore 048619
+65 6388 1717 Telephone
+65 6394 7398 Fax

Branch Office - Bank of China
4 Battery Road #29-00
Bank of China
Singapore 049908
+65 6899 9888 Telephone
+65 6338 5377 Fax

Branch Office - United Square
101 Thomson Road
#26-02/04 United Square
Singapore 307591
+65 6336 1717 Telephone
+65 6394 7318 Fax

Awards and Accolades

Picture
Terms of Use​  •  Privacy Statement
​© Copyright 2018 BR Law Corporation. Registered in Singapore (UEN: 200312051N).