Police get powers to order banks, telcos to share info, disable scam accounts after new law passed

During the debate, Members of Parliament raised concerns about innocent people who may wrongly get their bank accounts suspended and asked questions about the powers of civilian specialist officers.


Singapore

Police get powers to order banks, telcos to share info, disable scam accounts after new law passed

During the debate, Members of Parliament raised concerns about innocent people who may wrongly get their bank accounts suspended and asked questions about the powers of civilian specialist officers.

Police get powers to order banks, telcos to share info, disable scam accounts after new law passed

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SINGAPORE: The Singapore Police Force (SPF) will be given powers to issue orders to service providers such as banks and telcos to disclose information on scam-related activities and disable accounts that may be facilitating scam-related offences.

The powers were proposed under the Scams (Countermeasures) and Other Matters Bill, which was debated in parliament over two days and passed on Wednesday (Sep 9).

The new law also amends the Online Criminal Harms Act to introduce stiffer penalties for non-compliance with codes of practice and implementation directives.

For every instance of non-compliance, designated online service providers may be issued a financial penalty of up to S$10 million – up from the maximum fine of S$1 million – or they may be directed to rectify the non-compliance through a rectification notice or a compliance order. 

During the debate, Members of Parliament (MPs) spoke in support of the Bill but also raised various concerns. 

These included ensuring that those who have been deceived by scammers do not face overly punitive consequences, as well as ensuring that there are sufficient checks and balances to make sure the law is not abused.

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NEW LAW

Scammers and mules often use accounts provided by different service providers, leaving behind indicators of scam activity that could help identify and disrupt their operations.

Service providers include: financial institutions such as banks and digital payment token service providers; telcos; as well as those that offer online services, including online accounts and related supporting services.

To enable and safeguard scam-related information exchange between the police and service providers, the Bill proposed to allow the police to issue two orders – a disclosure order and an account disabling order – to service providers.

A disclosure order will require a service provider to provide information on specified accounts and scam-related activities, including necessary information to prevent or disrupt scam-related offences. A service provider issued an account disabling order must disable the specific account or any accounts that meet specified conditions prescribed by the police.

The account subject to the order will be disabled for up to 30 days, and this may be extended once, for up to another 30 days.

Those whose accounts have been disabled can appeal to the Commissioner of Police – or a designated officer of or above the rank of superintendent, or the equivalent. The order will remain in effect while the appeal is being considered.

34:34 Min

The government will advance Singapore’s fight against scams in three ways through the Scams (Countermeasures) and Other Matters Bill. Firstly, it supports information exchange between the police and service providers for scam disruption. Secondly, it enhances the government’s legal levers to combat scams on online platforms. Thirdly, it strengthens the police’s ability to disrupt the supply of scam accounts and conduct anti-scam operations. The Bill also provides the legal powers to enable and safeguard information exchange on the National Scams List and other information-sharing platforms to destroy scam accounts early and facilitate information disclosure. The government will introduce account disabling orders for the police to proactively disable the account even before the scam takes place. Disclosure orders will be introduced to allow the police to direct service providers to disclose information relating to accounts. Senior Minister of State for Home Affairs Goh Pei Ming, who highlighted the key changes in parliament on Tuesday (Sep 8), said the measures are firm but calibrated to preserve accountability and provide safeguards and appeal mechanisms, as well as support constructive collaboration with service providers. 

INNOCENT PEOPLE

Several MPs raised concerns about the consequences for innocent individuals and businesses that may be wrongly issued the new orders.

MP He Ting Ru (WP-Sengkang) said that such orders imposed on an innocent party or unwitting mule would “at least be a mild inconvenience and at worst debilitating to daily life”. 

“Individuals who have their accounts frozen might end up unable to receive salaries or to foot the cost of their daily necessities and medical bills if their sole bank account or e-wallet account is completely frozen,” she said. 

For businesses, especially smaller proprietors, this may cause operations to come to a halt, resulting in non-payment of employees, Ms He said.

15:26 Min

The Scams (Countermeasures) and Other Matters Bill strengthens the government’s arsenal of anti-scam enforcement tools, said MP He Ting Ru. Speaking in parliament on Tuesday (Sep 8), she said as Singapore steps up its scam enforcement efforts, the expansion and use of these law enforcement powers, while helpful, should be made clear to the public. She stressed the need for the public to know and understand how the government’s powers are used as this will bolster public confidence in law enforcement and address the concerns about scams. She also urged the government to target the complex money laundering infrastructure that sustains scams and adopt a multi-pronged approach towards tackling scams.

Pointing out the difficulties her residents faced when not being able to access or open a bank account, MP Diana Pang (PAP-Marine Parade-Braddell Heights) stressed that “stronger powers” must come with “practical safeguards”. 

In his response, Minister of State for Home Affairs Goh Pei Ming said that “no one wants to inadvertently affect or inconvenience” those who may not have been involved in scam activity.

At the same time, disrupting scams quickly and decisively is essential, he added.

“The orders enable us to constrict the supply of scam enablers and disable them before they can be used, and this is ultimately to protect our citizens,” said Mr Goh.

“Our task here is to intervene early, while ensuring adequate safeguards against innocent accounts being affected by these orders.”

MP Jackson Lam (PAP-Nee Soon) said there needs to be a fast review process for genuine cases where an account has been wrongly disabled.

While the Bill provides an appeal mechanism, there must be a “clear channel” for affected persons to provide evidence quickly and have their accounts reviewed.

“The principle should be simple: act fast against scammers, but correct mistakes just as fast when innocent people are affected,” he added.

MP Gabriel Lam (PAP-Sembawang) said that once there is no longer a risk, access to a wrongly affected account should be restored in hours, not days.

Mr Goh said that while a “swift and decisive approach” to disrupting scam networks is necessary to protect Singaporeans, the authorities recognise that some individuals may genuinely require and depend on these accounts for their livelihood or daily expenses.

It is vital that authorities assess appeals fairly and as quickly as possible. More details on the appeal mechanism and timeline will be shared in due course, he said.

“This needs careful consideration, as we have seen cases of scammers coaching victims on what to say to bank staff to evade detection when they transfer money to the scammer,” Mr Goh said.

“We should similarly expect scammers to coach mules to file a successful appeal to regain access to their accounts.”

13:48 Min

The Scams (Countermeasures) and Other Matters Bill gives officers real speed against a threat that regenerates faster than we can strike down, but the measures must strike the right targets, said MP Elysa Chen. Speaking in parliament on Wednesday (Sep 9), she cautioned that the machinery built to catch scammers should not be overly punitive, particularly for those who have been deceived or coerced. A Bill that “stops scammers only to catch the vulnerable in the same net will have solved one injustice by creating another”, she said. Ms Chen also highlighted at least three gaps where harm can still get through – at the point of prevention, enforcement and redress. 

CIVILIAN SPECIALIST OFFICERS

MPs Elysa Chen (PAP-Bishan Toa Payoh) and Jackson Lam also raised questions about the appointment of Civilian Specialist Officers (CSOs), who will be given powers to perform their investigation duties under changes to the Police Force Act.

The powers, which will be similar to those provided to commercial affairs officers, will allow the civilian officers to search, arrest, seize and request documents. The police may also recruit and deploy them in other domains in the future if operationally necessary, said MHA.

Mr Jackson Lam said this move “makes sense” as cybercrime becomes more specialised but asked how these officers will be selected, trained and supervised. 

“I would also suggest that the government consider a statutory review of this Bill, perhaps after three to five years, to assess whether these powers remain proportionate and effective as scam tactics continue to evolve,” he said. 

Ms Chen questioned how the officers will be disciplined and held to account as they fall outside the disciplinary provisions that apply to police officers.

MP Abdul Muhaimin Abdul Malik (WP-Sengkang) also sought clarification on whether these officers will operate under the police’s Commercial Affairs Department or a new unit, and where manpower would be drawn from.

“If we are asking existing officers to take on this work, we should also be clear about what may have to give elsewhere. We need to be confident that we are not stretching our enforcement capacity too thin, especially when we are asking more of it,” he said.

53:06 Min

In parliament on Wednesday (Sep 9), Senior Minister of State for Home Affairs Goh Pei Ming responded to clarifications sought by Members on the Scams (Countermeasures) and Other Matters Bill. The Bill was passed by the House.

Mr Goh said that the officers can be recruited directly from the market or may be seconded from other public agencies, such as the Cyber Security Agency.

They will be deployed to complement police resources in existing units, starting from the SPF Cyber Command, and will fall under the prevailing police command structures, he added.

“Similar to commercial affairs officers today, CSOs will undergo the necessary operational and investigative training, and will be carefully selected based on their suitability for investigation work and relevant technical expertise,” said Mr Goh.

“They remain subject to the same oversight, accountability, and command structures as other investigation officers.”

Source: CNA/mt(mi)

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