Health Information Bill

This Act is the Health Information Act 2025 and comes into operation on a date that the Minister appoints by notification in the Gazette.

PRELIMINARY

In this Act —“access restriction”, in relation to accessible health information about any individual, has the meaning given by section 29(1);“approved contributor” means a person or public agency that is approved under section 13(1);“approved user” means a person or public agency that is approved under section 20(1);“authorised officer” means a public officer, an officer of a public authority or any other individual who is appointed as such under section 89(1)(a);“community health service” means a service (other than a licensable healthcare service) that is provided to an individual for or in relation to any of the following purposes:(a)disease prevention;(b)the detection of any disease or condition that the individual is or may be suffering from;(c)where the individual suffers or has suffered from any disease or condition, the rehabilitation of the individual or the alleviation of the disease or condition;(d)where the individual is or is at risk of being socially isolated or physically or mentally frail, the prevention or mitigation of the individual’s social isolation or frailty;(e)the assessment of the individual’s need for any healthcare service or another community health service, and the planning for and coordination of the provision of any such service to the individual;(f)any other purpose that may be prescribed;“computer” means any electronic, magnetic, optical, electrochemical or other data processing device performing logical, arithmetic or storage functions, and includes any data storage facility directly related to or operating in conjunction with any such device, but does not include any device as the Minister may, by notification in the Gazette, prescribe;“computer system” means an arrangement of interconnected computers that is designed to perform one or more specific functions, and includes —(a)an information technology system; and(b)an operational technology system such as an industrial control system, a programmable logic controller, a supervisory control and data acquisition system or a distributed control system;“contribute”, in relation to health information about an individual, means to contribute that health information to the national electronic records system for the purposes of Part 2;“contributor”, in relation to the national electronic records system, means a specified contributor or an approved contributor;“HCSA licensee” means a person to whom a licence is granted under the Healthcare Services Act 2020 to provide a licensable healthcare service;“health data intermediary” means a person that processes health information or relevant information on behalf of another person for the purposes of this Act, but does not include an employee of that other person;“health product” has the meaning given by section 2(1) of the Health Products Act 2007;“healthcare service” and “licensable healthcare service” have the meanings given by section 3(1) of the Healthcare Services Act 2020;“investigation officer” means a public officer or an officer of a public authority who is appointed as such under section 89(1)(b);“national electronic records system” means the computer system mentioned in section 7(1);“process”, in relation to health information or relevant information, means to carry out any operation or set of operations in relation to the health information or relevant information (as the case may be), and includes any of the following:(a)to record;(b)to hold;(c)to organise, adapt or alter;(d)to retrieve;(e)to combine;(f)to transmit or convey;(g)to erase or destroy,and “processing” has a corresponding meaning;“public agency” means any ministry, department or Organ of State of the Government or a public authority;“public authority” means a body established or constituted by or under a public Act to perform or discharge a public function, excluding a Town Council established under section 4 of the Town Councils Act 1988;“qualified pharmacist” means a person who —(a)is registered as a pharmacist under the Pharmacists Registration Act 2007;(b)holds a valid practising certificate granted under that Act; and(c)is practising pharmacy, whether on a full‑time or part‑time basis or as a locum;“relevant HDI” means a health data intermediary that operates a computer or computer system that —(a)processes health information about individuals for the purposes of facilitating and organising the provision of any healthcare service or community health service; and(b)is interconnected with the national electronic records system;“relevant information” has the meaning given by section 46(1);“retail pharmacy” and “retail pharmacy business” have the meanings given by regulation 2 of the Health Products (Licensing of Retail Pharmacies) Regulations 2016 (G.N. No. S 330/2016);“retail pharmacy licensee” means a person who holds a licence issued under the Health Products Act 2007 to carry on a retail pharmacy business at or from the retail pharmacy specified in the licence;“specified contributor”, in relation to the national electronic records system, means a person mentioned in section 12(1);“specified user”, in relation to the national electronic records system, means a person mentioned in section 19(1);“System Operator”, in relation to the national electronic records system, means a person designated under section 8(1);“user”, in relation to the national electronic records system, means a specified user or an approved user.

“access restriction”, in relation to accessible health information about any individual, has the meaning given by section 29(1);

“approved contributor” means a person or public agency that is approved under section 13(1);

“approved user” means a person or public agency that is approved under section 20(1);

“authorised officer” means a public officer, an officer of a public authority or any other individual who is appointed as such under section 89(1)(a);

“community health service” means a service (other than a licensable healthcare service) that is provided to an individual for or in relation to any of the following purposes:(a)disease prevention;(b)the detection of any disease or condition that the individual is or may be suffering from;(c)where the individual suffers or has suffered from any disease or condition, the rehabilitation of the individual or the alleviation of the disease or condition;(d)where the individual is or is at risk of being socially isolated or physically or mentally frail, the prevention or mitigation of the individual’s social isolation or frailty;(e)the assessment of the individual’s need for any healthcare service or another community health service, and the planning for and coordination of the provision of any such service to the individual;(f)any other purpose that may be prescribed;

“computer” means any electronic, magnetic, optical, electrochemical or other data processing device performing logical, arithmetic or storage functions, and includes any data storage facility directly related to or operating in conjunction with any such device, but does not include any device as the Minister may, by notification in the Gazette, prescribe;

“computer system” means an arrangement of interconnected computers that is designed to perform one or more specific functions, and includes —(a)an information technology system; and(b)an operational technology system such as an industrial control system, a programmable logic controller, a supervisory control and data acquisition system or a distributed control system;

“contribute”, in relation to health information about an individual, means to contribute that health information to the national electronic records system for the purposes of Part 2;

“contributor”, in relation to the national electronic records system, means a specified contributor or an approved contributor;

“HCSA licensee” means a person to whom a licence is granted under the Healthcare Services Act 2020 to provide a licensable healthcare service;

“health data intermediary” means a person that processes health information or relevant information on behalf of another person for the purposes of this Act, but does not include an employee of that other person;

“health product” has the meaning given by section 2(1) of the Health Products Act 2007;

“healthcare service” and “licensable healthcare service” have the meanings given by section 3(1) of the Healthcare Services Act 2020;

“investigation officer” means a public officer or an officer of a public authority who is appointed as such under section 89(1)(b);

“national electronic records system” means the computer system mentioned in section 7(1);

“process”, in relation to health information or relevant information, means to carry out any operation or set of operations in relation to the health information or relevant information (as the case may be), and includes any of the following:(a)to record;(b)to hold;(c)to organise, adapt or alter;(d)to retrieve;(e)to combine;(f)to transmit or convey;(g)to erase or destroy,and “processing” has a corresponding meaning;

“public agency” means any ministry, department or Organ of State of the Government or a public authority;

“public authority” means a body established or constituted by or under a public Act to perform or discharge a public function, excluding a Town Council established under section 4 of the Town Councils Act 1988;

“qualified pharmacist” means a person who —(a)is registered as a pharmacist under the Pharmacists Registration Act 2007;(b)holds a valid practising certificate granted under that Act; and(c)is practising pharmacy, whether on a full‑time or part‑time basis or as a locum;

“relevant HDI” means a health data intermediary that operates a computer or computer system that —(a)processes health information about individuals for the purposes of facilitating and organising the provision of any healthcare service or community health service; and(b)is interconnected with the national electronic records system;

“relevant information” has the meaning given by section 46(1);

“retail pharmacy” and “retail pharmacy business” have the meanings given by regulation 2 of the Health Products (Licensing of Retail Pharmacies) Regulations 2016 (G.N. No. S 330/2016);

“retail pharmacy licensee” means a person who holds a licence issued under the Health Products Act 2007 to carry on a retail pharmacy business at or from the retail pharmacy specified in the licence;

“specified contributor”, in relation to the national electronic records system, means a person mentioned in section 12(1);

“specified user”, in relation to the national electronic records system, means a person mentioned in section 19(1);

“System Operator”, in relation to the national electronic records system, means a person designated under section 8(1);

“user”, in relation to the national electronic records system, means a specified user or an approved user.

—(1) For the purposes of this Act, “health information” about an individual means administrative information and clinical information about the individual but does not include any administrative information or clinical information that may be prescribed.(2) For the purposes of this Act, “administrative information” about an individual means —(a)information relating to the individual’s use of any healthcare service or community health service;(b)information relating to the provision of any healthcare service or community health service to the individual;(c)information relating to the individual’s eligibility for financial assistance under any public scheme in respect of the cost or expense of any healthcare service or community health service provided to the individual; or(d)any other information that may be prescribed,but does not include any clinical information.IllustrationThe name, identification number, address and telephone number of an individual who uses a healthcare service or community health service are examples of administrative information about that individual.(3) For the purposes of this Act, “clinical information” about an individual means information relating to either or both of the following:(a)the physical or mental health of the individual;(b)the diagnosis, treatment or care of the individual.(4) For the purposes of this Act, “accessible health information” about any individual means health information about the individual that is made available on the national electronic records system by a System Operator in accordance with this Act.(5) To avoid doubt, accessible health information about an individual (P) does not include the following:(a)administrative information about P that is part of any record made or maintained by a person (X) in respect of P —(i)that is identical or substantially similar to administrative information about P made available on the national electronic records system; and(ii)regardless of whether X collected that administrative information from the national electronic records system or obtained that administrative information by any other means;(b)clinical information about P that is part of the medical records made or maintained by X in respect of P —(i)that is identical or substantially similar to clinical information about P made available on the national electronic records system; and(ii)regardless of whether X collected that clinical information from the national electronic records system or obtained that clinical information by any other means.(6) Health information about an individual is “individually‑identifiable health information” for the purposes of this Act if the individual can be identified by a person —(a)from that health information alone; or(b)from that health information and other information to which that person has or is likely to have access.(7) Health information about an individual is “anonymised health information” for the purposes of this Act if it is not individually‑identifiable health information.

For the purposes of this Act, “health information” about an individual means administrative information and clinical information about the individual but does not include any administrative information or clinical information that may be prescribed.

For the purposes of this Act, “administrative information” about an individual means —(a)information relating to the individual’s use of any healthcare service or community health service;(b)information relating to the provision of any healthcare service or community health service to the individual;(c)information relating to the individual’s eligibility for financial assistance under any public scheme in respect of the cost or expense of any healthcare service or community health service provided to the individual; or(d)any other information that may be prescribed,but does not include any clinical information.IllustrationThe name, identification number, address and telephone number of an individual who uses a healthcare service or community health service are examples of administrative information about that individual.

For the purposes of this Act, “clinical information” about an individual means information relating to either or both of the following:(a)the physical or mental health of the individual;(b)the diagnosis, treatment or care of the individual.

For the purposes of this Act, “accessible health information” about any individual means health information about the individual that is made available on the national electronic records system by a System Operator in accordance with this Act.

To avoid doubt, accessible health information about an individual (P) does not include the following:(a)administrative information about P that is part of any record made or maintained by a person (X) in respect of P —(i)that is identical or substantially similar to administrative information about P made available on the national electronic records system; and(ii)regardless of whether X collected that administrative information from the national electronic records system or obtained that administrative information by any other means;(b)clinical information about P that is part of the medical records made or maintained by X in respect of P —(i)that is identical or substantially similar to clinical information about P made available on the national electronic records system; and(ii)regardless of whether X collected that clinical information from the national electronic records system or obtained that clinical information by any other means.

Health information about an individual is “individually‑identifiable health information” for the purposes of this Act if the individual can be identified by a person —(a)from that health information alone; or(b)from that health information and other information to which that person has or is likely to have access.

Health information about an individual is “anonymised health information” for the purposes of this Act if it is not individually‑identifiable health information.

The purposes of this Act are —(a)to provide for the collection, storage and disclosure of health information about individuals using the national electronic records system, including providing for —(i)the contribution of health information about individuals to the national electronic records system;(ii)the access and collection of health information about individuals that is made available on the national electronic records system for or in relation to the provision of healthcare services and other purposes permitted under this Act; and(iii)the access, collection, disclosure and use of information derived from health information about individuals in the national electronic records system for purposes permitted under this Act;(b)to provide a framework to facilitate the sharing of individually‑identifiable information about individuals for purposes relating to —(i)the provision of healthcare services and community health services; and(ii)the implementation and facilitation of programmes and schemes to maintain or improve the physical or mental health and wellbeing of individuals; and(c)to ensure that the confidentiality, integrity and availability of health information and relevant information about individuals is protected.

—(1) Except as provided in subsection (2), the following provisions of this Act apply to the Government:(a)Part 3, except section 58;(b)sections 12, 13, 14, 16, 18, 19, 20, 21, 22, 25, 26 and 27.(2) Nothing in this Act renders the Government liable for prosecution for an offence under this Act.(3) To avoid doubt, a person is not immune from prosecution for any offence under this Act by reason only that the person —(a)is employed by, seconded to or engaged to provide services to the Government; or(b)provides, as a volunteer, any service —(i)to the Government; or(ii)to any other person acting on behalf of the Government.(4) Unless otherwise expressly provided in this Act, nothing in this Act affects any authority, right, privilege or immunity conferred, or any obligation or limitation imposed, by or under any other written law or any rule of law, contract or rule of professional conduct or ethics.

Except as provided in subsection (2), the following provisions of this Act apply to the Government:(a)Part 3, except section 58;(b)sections 12, 13, 14, 16, 18, 19, 20, 21, 22, 25, 26 and 27.

Nothing in this Act renders the Government liable for prosecution for an offence under this Act.

To avoid doubt, a person is not immune from prosecution for any offence under this Act by reason only that the person —(a)is employed by, seconded to or engaged to provide services to the Government; or(b)provides, as a volunteer, any service —(i)to the Government; or(ii)to any other person acting on behalf of the Government.

Unless otherwise expressly provided in this Act, nothing in this Act affects any authority, right, privilege or immunity conferred, or any obligation or limitation imposed, by or under any other written law or any rule of law, contract or rule of professional conduct or ethics.