· Obtaining evidence by illegal methods of spying or recording: The general rule in Singapore is that illegally obtained evidence is admissible in court. However, it is at the discretion of the courts to include or exclude such evidence. The danger is that both the client and the private investigator run the risk of being sued under tort law for violation of the other party`s personality/civil rights. There are several illegal activities that private investigators cannot carry out because they are expressly or implicitly prohibited by Singapore law. Even the police cannot authorize such illegal activities because they are illegal and unconstitutional. These activities include: An investigation by Reuters found that another spyware company exploited the same flaw in Apple`s software used by NSO Group`s Pegasus spyware. QuaDream is a small Israeli company that also develops hacking tools for government customers. According to Reuters: Private detectives have thriving businesses in Singapore. In order to take full advantage of the services of a private investigator, you need to know the legal work they are allowed to do and the illegal work they cannot do. It is important to understand the illegal work that private investigators cannot do so as not to face civil or criminal liability for hiring an investigator.
If you hire a private investigator to conduct illegal activity, you could be charged with complicity. If an act is illegal and a personal investigator is willing to perform it, he is not trustworthy and it is advisable not to use his services. Knowledge is power. The better informed you are, the better equipped you are to seek justice. In addition to the above information, always make sure that the private investigator has an up-to-date license, is ethical, and does not make false statements about their qualifications. Avoid the temptation to hire a private investigator for illegal work, as you will both get into trouble. What is Singapore`s relationship with spyware? This timeline includes leaks and reports on surveillance technology companies previously associated with Singapore. 7.2 Are there regulatory restrictions on insurance coverage against certain types of losses, such as business interruption, system failure, cyber extortion or recovery of digital assets? If so, are there any legal limits to what the insurance policy can cover? 4.1 Do information security market practices vary across industries in your jurisdiction? Please provide details of frequent deviations from strict legal requirements under applicable law. 6.3 Is there possible tort liability (or equivalent legal theory) for failure to prevent an incident (e.g. negligence)? · Hacking a private digital account: Many private detectives have no qualms about hacking a personal Facebook, Twitter or messaging account. However, this is illegal under Singapore law as it is a criminal offence under the Computer Misuse and Cybersecurity Act. While the threat of spyware attracts the most public attention, other forms of surveillance that can be much more pervasive and normal should not be overlooked.
These examples can be seen in almost every area of life in Singapore: A Wikileaks publication listed Singaporean company PCS Security as a FinFisher client. FinFisher is a German company that sells spyware that exploits vulnerabilities in popular software such as iTunes or Microsoft Word to take control of a target device or extract information from a target device. Infecting computer systems with malware (including ransomware, spyware, worms, Trojans and viruses) Illegal eavesdroppers must also be prosecuted, Didier Reynders told the European Parliament. It`s important to figure out exactly what you want to track, as too much tracking can lead to legal issues. If you only want to restrict access to certain websites for your employees, avoid using a keylogger. If you want to keep your kids away from porn, you don`t have to track every Facebook post. Members of the public who suspect their mobile device has been infected with spyware, including Pegasus, are urged to file a police report or report the incident to Singapore`s Computer Emergency Response Team, it said in a written response. For example, Pegasus first creates a fake WhatsApp account and then uses it to make video calls. When an unsuspecting user`s phone rings, malicious code is transmitted that installs the spyware on the phone. The software will be installed even if the call is not answered.
“It`s possible to create someone who just represents you and looks like a legal entity that can be affiliated with the government,” he told CNA on Wednesday (Sept. 22). On September 15, the European Union`s justice commissioner said the bloc must quickly pass laws to further protect the rights of activists, journalists and politicians in the wake of the Pegasus spyware scandal. In these stories, a small but recurring thread is Singapore`s presence in leaks and coverage of controversial spyware companies – from FinFisher and Hacking Team to Ability and QuaDream. This article brings these instances together into a single, accessible timeline: · Burglary surveillance: Private property is protected by law. Residential burglary is a criminal offence under the Singapore Penal Code. It is illegal for a private investigator to commit the crime of burglary for espionage or record-keeping purposes. The private investigator and the person who hired him can be charged in criminal court. A 2018 analysis by Citizen Lab found suspected Pegasus spyware infections in 45 countries, including Singapore.
The Israeli spyware company behind Pegasus, NSO Group, came under intense media scrutiny in 2021 after it was revealed that Pegasus was being used by government agencies around the world against journalists, activists and politicians. What is Singapore`s relationship with spyware or software that allows an actor to stealthily obtain information from a device? In recent years, reports of state use of spyware have increased significantly, which has been controversial due to its use not only against national security threats, but also against civilian targets such as activists and journalists. Spying on someone else`s computer without their permission can be a criminal offence in Singapore. You are allowed to monitor a computer used by someone else under very specific conditions. An employer may be authorized to monitor only equipment that the company owns. A parent can track their child`s activities because they are legally responsible for their children. Such scenarios complicate laws. Therefore, make sure you use the computer monitoring tools carefully. Chong Kai Xiong is a computer programmer who has volunteered with civil society groups, helping them with technical support and providing IT security advice. “I`d be a little surprised if the government used FinSpy and similar software,” he said. “The main reason for my reservation is that FinSpy is intrusive and involves deception.
Its installation is not automatic; The user must be tricked into clicking on the program stored in an attachment. If they were discovered, I think they would be in a lot of political and legal trouble. The legal work performed by private investigators includes, but is not limited to: · General investigations to obtain criminal and civil evidence· Housekeeper supervision· Investigations into copyright or trademark infringements· Child supervision· Gambling monitoring· Supervision of spouses Search for missing items or people· Monitoring of workers` movements· Fraud investigations· Background checks of potential candidates or employeesLegal work requiring special permissionThis includes legal work that private investigators cannot perform without special consent or approval from the relevant authorities. Section 11 of the Private Security Sector Act, Cap. 250 A) provides that security missions involving the following persons and locations must be approved by the Singapore Police: investigations against foreign consuls, special representatives, diplomats and their families. Investigations against politicians and their families· Surveillance of military sites· Surveillance of protected places· Monitoring of some private schools· Monitoring Government Buildings· Surveillance of foreign consulates· Monitoring of entry and exit controls· Monitoring of all other premises prescribed by the minister A 2021 analysis by the Citizen Lab revealed Candiru, another Israeli mercenary spyware company that exploited Windows vulnerabilities. A Microsoft investigation found more than 100 victims of Candiru and identified at least one victim in Singapore. It should be noted, however, that insurance contracts, since they are ultimately contracts, are also subject to the principles of contract law.
Those principles include, inter alia, that such a contract is enforceable only if it is not unlawful or contrary to public policy. It should be noted that the court found that the first and second plaintiffs did not have the legal authority to bring the action under Article 32 of the PDPA (before the PDPA was amended under the amending Act), as it found that Article 32 of the PDPA did not apply to companies.