• The use of TraceTogether data in criminal investigations is ‘restricted to very serious offences’, Mr K Shanmugam said
• So far, TraceTogether data has been used in the investigation of one murder case, Dr Vivian Balakrishnan said
• Dr Balakrishnan admitted that he had not thought about the Criminal Procedure Code previously
• He had earlier told Singaporeans that TraceTogether data would be used only for contact tracing

SINGAPORE — Data from the TraceTogether mobile application or tokens would be used by the police in “very serious offences”, Law and Home Affairs Minister K Shanmugam said in Parliament on Tuesday (Jan 5).

And so far, TraceTogether data has been used by the police once, in a murder investigation, Dr Vivian Balakrishnan said. The Minister for Foreign Affairs is also Minister-in-charge of the Smart Nation Initiative. 

The clarifications from the two Cabinet ministers came after Mr Desmond Tan, Minister of State for Home Affairs, answered a parliamentary question on the issue on Monday, saying that the police are empowered to access TraceTogether data under the Criminal Procedure Code (CPC).

Mr Tan’s remarks have since raised concerns among the public, with many pointing out that when the TraceTogether system was introduced, Dr Balakrishnan had said that the data would be used only for contact tracing.

Speaking in Parliament on Tuesday, Dr Balakrishnan said that he had not thought about the CPC when he made that earlier assurance, adding that he has had sleepless nights after finding out about the CPC’s application to TraceTogether data a few weeks ago.

“Frankly, and I think members know me well, and I am always very frank... Frankly, I had not thought of the CPC when I spoke earlier,” he admitted.

After finding out about the CPC’s application to TraceTogether data, he had contemplated persuading Parliament to change the law, but he decided that they should maintain the status quo, after consulting colleagues inside and outside Parliament.

“I have come to the conclusion that right now, we are doing well. We are able to keep Singapore safe. We are able to keep and deal with the current crisis. And so long as this Government is able to maintain our reputation for openness, transparency, reliability, I think we are still on the right track,” he said.

He noted, too, that the application of the CPC is not unique to TraceTogether data.

“Other forms of sensitive data, for example, phone or banking records — which may be protected by specific privacy laws — are also nevertheless subjected to the same provision of the CPC.”

In the case of TraceTogether, the police can only obtain the data by requiring a person involved in or assisting in criminal investigation to produce either his mobile smartphone or his TraceTogether token.

His clarification drew a question from Leader of the Opposition Pritam Singh, who asked under what circumstances the police would tap TraceTogether data.

To this, Mr Shanmugam said that the police’s approach has been and will be that such data usage is “pretty much restricted to very serious offences”.

“While that requirement is not in the legislation, it will be carefully considered within the police, and discretion will be exercised in seeking this information,” he added.

Dr Balakrishnan said he believes that Singaporeans can understand why the CPC confers broad powers to the police as there may be serious crimes, such as murder and terrorism, where the use of data in police investigations may be necessary in the public's interest.

“The police must be given the tools to bring criminals to justice and protect the safety and security of all Singaporeans, especially in very serious cases where lives are at stake,” he added.

“It is not reasonable for us to say that certain classes of data should be out of reach of the police. But this power on the part of the police to access the data must be exercised judiciously and with utmost restraint.”

Dr Balakrishnan also said that once the Covid-19 pandemic is over and when TraceTogether is no longer needed, the Government will "most happily and cheerfully" stand down the programme.

Mr Shanmugam said that as the CPC gives power to the police, the police have a duty to exercise the power, citing the example of a murder case.

“Let's say there is a murder… and information is available on a TraceTogether token. If the police chose not to seek that information, you can imagine how the victims' family and indeed the rest of Singapore might react to that situation.”

When asked for more information about the murder case cited by Dr Balakrishnan, how many cases the police have used TraceTogether data for investigations and the procedures for the use of such data, a Ministry of Home Affairs spokesman referred TODAY to Dr Balakrishnan's remarks in Parliament on Tuesday and did not give more details.

‘GIVING AWAY MORE DATA ON OTHER DEVICES’

In response to TODAY’s queries, Mr Rakesh Kirpalani from law firm Drew & Napier, said that although the police have “wide powers” under the CPC to procure various types of data, the data requested must “always be relevant to a criminal investigation or proceeding”.

Mr Rakesh, who is director of dispute resolution and information technology at the law firm, said that in the context of TraceTogether data, the police will have to be clear why the proximity data collected by the app or token is relevant to a criminal investigation.

The police will also have to be specific and precise about the exact TraceTogether data that they seek.

On whether the TraceTogether token or app stores more data than other devices used by most Singaporeans, Mr Rakesh said that users give away “far more intrusive data voluntarily on their devices every day when they use social media or public IT infrastructure”.