REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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combination of decryption keys, to disclose for purposes of complying with the
decryption direction concerned.
(7) If a decryption direction is addressed to a decryption key holder who(a)
has been in possession of the decryption key to the encrypted
information, but is no longer in possession thereof;
(b)
if he or she had continued to have the decryption key in his or her
possession, he or she would have been required by virtue of the
decryption direction to disclose it; and
(c)
is in possession of any information that would facilitate the obtaining
or discovery of the decryption key or the provision of decryption
assistance,
he or she must disclose all such information as is in his or her possession to the
authorised person who executes the decryption direction or assists with the execution
thereof.
(8) An authorised person to whom a decryption key has been disclosed under this
section(a)
may use the decryption key only in respect of the encrypted
information, and in the manner and for the purposes, specified in the
decryption direction concerned; and
(b)
must, on or before the expiry of the period or extended period for
which the decryption direction concerned has been issued, with the
written approval of the applicant who made the application for the
issuing of a decryption direction, destroy all records of the disclosed
decryption key if, in the opinion of the applicant concerned(i)
no criminal proceedings or civil proceedings as contemplated in
Chapter 5 or 6 of the Prevention of Organised Crime Act, will be
instituted in connection with such records; or
(ii)
such records will not be required at any such criminal or civil
proceedings for purposes of evidence or for purposes of an
order of court.
CHAPTER 5
INTERCEPTION CAPABILITY AND COMPENSATION (ss 30-31)
30
Interception capability of telecommunication services and storing of
communication-related information
(1) Notwithstanding any other law, a telecommunication service provider must(a)
provide a telecommunication service which has the capability to be
intercepted; and
(b)
store communication-related information.
(2) The Cabinet member responsible for communications, in consultation with the
Minister and the other relevant Ministers and after consultation with the Authority and the
telecommunication service provider or category of telecommunication service providers
concerned, must, on the date of the issuing of a telecommunication service licence under
the Electronic Communications Act, to such a telecommunication service provider or
category of telecommunication service providers(a)
issue a directive in respect of that telecommunication service provider
or category of telecommunication service providers, determining the-
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