On Registration of Criminals (Amendment) Bill
At Parliament today, I spoke on the Registration of Criminals (Amendment) Bill.
And raised the need to protect individual privacy; to protect personal especially DNA data collected; and to protect the vulnerable (aka the less educated, less tech-savvy, and folks with special needs).
FULL SPEECH ON REGISTRATION OF CRIMINALS (AMENDMENT) BILL
12 SEPT 2022/ DENISE PHUA
1. Sir, I support the key intent behind the Registration of Criminals (Amendment) Bill. No one can quarrel with the Ministry’s aspiration to strengthen the crime investigation capabilities of the police, for the security of our nation.
2. However, in the pursuit of enhancing police capability in crime solving, there are 3 key needs that are important to address.
These are to:
Protect individual privacy;
Protect personal data collected; and to
Protect the vulnerable.
3. PROTECTING INDIVIDUAL PRIVACY.
Sir, the Bill seeks to enlarge the database of criminals for better crime-solving. This is done by granting more power to the police to collect DNA and non-DNA data of offenders, through a much wider scope of offences.
Sir, to have one’s personal data especially DNA information collected and uploaded to a Criminal Records Office’s database, is a grave matter.
Even if giving up one’s personal data is the consequence of committing a crime, the State should not over-infringe the bounds of a citizen’s privacy rights.
Hence, I feel the Ministry should explain how this additional list of offences is decided.
What were the factors of consideration when the Ministry decides on which offences are included?
How would the new offences be administered – for instance, would even a first-time offender of say, dangerous driving, be compelled to have his DNA collected?
4. PROTECTING PERSONAL DATA COLLECTED.
Advancement in technology means higher risks of hacking and of information being compromised. It is not unimaginable that much more can be done with DNA data such as digital identity stealing, cloning and the like. Personal data, when fallen into wrong hands, can lead to dire consequences.
Given that so much more sensitive personal data is collected, what are the additional safeguards to ensure that the database especially of DNA information, is better protected?
What is the accountability of the agency should such personal data be leaked or compromised, whether locally or internationally?
How will potential volunteers who might come forward to offer their DNA information to police; be better briefed so that they can better make informed decisions before volunteering?
5. PROTECTING THE VULNERABLE.
It is unclear how the vulnerable are protected in this Bill. For the vulnerable, it is unclear that the police have a positive duty to inform the individuals.
How will the Ministry ensure that the vulnerable will not be at a disadvantage, compared to those who are more able and knowledgeable?
I refer especially to individuals who are above 16 years of age and who lack the mental capacity to fully understand the implication of what they say or agree to. Many of them will need a familiar figure to explain and to guide them – during interrogation, during the collection of blood sample, and through the rest of the process.
During the early phases of the COVID pandemic, there was an outcry on how the needs of residents with special needs, were not accommodated. It took much education and convincing of the authorities to change Government’s vaccination, quarantine and safe management processes to make the needed accommodations. We should learn from those experiences.
And then there are individuals who may not be lacking in mental capacity but are less educated and tech-savvy.
Take for instance, the Bill’s introduction of tighter procedures for the removal of personal data collected recorded in the Criminal Records Office’s database.
Today, the police are required to immediately remove both DNA and non-DNA data from the database, when an individual is acquitted or discharged or offence compounded. But with the amendments, such individuals will now have to apply to the Police to remove their data. If rejected, one will then have to appeal to a Reviewing Tribunal.
Unless properly advised and assisted, less educated and savvy individuals not know how to exercise the right to apply to remove their DNA information; nor how to make an application even if they know.
6. CONCLUSION. In conclusion, Sir, I support the objective of the Bill. But I seek clarification to what I feel are important needs to protect individual privacy; to protect personal data collected; and to protect the vulnerable.