Legality and safeguards for the Home Team’s access and use of ERP 2.0 data

Question:

Mr Jackson Lam: To ask the Senior Minister, Coordinating Minister for National Security and Minister for Home Affairs regarding the study on the implementation details to enhance ERP 2.0 for enforcement (a) whether the Government will consider the access to ERP 2.0 vehicle-specific data for criminal investigations or national security purposes by the Police or other agencies under the Ministry; and (b) if so, what legal basis and safeguards, such as a warrant or production order, would govern such access.


Answer:

Mr Goh Pei Ming, Senior Minister of State, Ministry of Home Affairs & Ministry of Social and Family Development:

1. Mr Speaker, The Home Team agencies are authorised by law to obtain information from all available sources, including sensors. For example, under section 20 of the Criminal Procedure Code, the Police may order the production of any document or other thing that is necessary or desirable for an investigation, inquiry, trial or other proceeding. Other Home Team agencies have similar powers, and these powers have existed for a long time.

2. In 2016, the Minister for Home Affairs said in Parliament that the Home Team would use all investigation and intelligence tools available and make better use of available data, and this includes data from the ERP system.

3. The Home Team expects to use ERP 2 data from January 2027 to prevent, detect and deter crimes, and to solve crimes. ERP 2 data will be subjected to safeguards on its access and use, as with other uses of other data obtained by the Home Team.