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Recording Laws in Singapore: Consent, Offences and Evidence

By Recording Law Editorial Team7 min read
Recording Laws in Singapore: Consent, Offences and Evidence

Frequently Asked Questions

Do I need consent to record a conversation in Singapore?

There is no general Singapore statute that requires the consent of the other people in a conversation before you record it. A person who is a party to the conversation is generally not committing a criminal offence by recording it. The limits lie elsewhere: the Computer Misuse Act 1993 s 6 targets unauthorised interception of a computer service by an outsider, the equitable duty of confidence can restrain misuse of the recording afterwards, and the Personal Data Protection Act 2012 applies to organisations rather than to an individual acting in a personal or domestic capacity.

Is Singapore a one-party or two-party consent country?

Neither label fits, because Singapore has no consent-based wiretap statute at all. The one-party and two-party framework comes from United States state laws and does not describe Singapore law. The practical result resembles a one-party position for a participant, since recording a conversation you are part of is generally not an offence, but the reason is the absence of a consent statute rather than a rule that permits it.

Can a secretly made recording be used as evidence in Singapore?

Generally yes if it is relevant. Under the Evidence Act 1893 admissibility turns on relevance, and Singapore has no automatic rule excluding evidence just because it was obtained improperly. The court retains a discretion to exclude a recording where its prejudicial effect outweighs its probative value.

Does the Personal Data Protection Act stop me recording someone?

Not when you are acting in a personal or domestic capacity. Section 4(1)(a) of the Personal Data Protection Act 2012 states that the data protection obligations do not apply to an individual acting in a personal or domestic capacity, so a private recording of a personal conversation is outside the PDPA. An organisation that records staff or customers is a different case and must comply with the Act.

Sources and References

  1. Computer Misuse Act 1993, s 6 (unauthorised use or interception of computer service)(sso.agc.gov.sg).gov
  2. Telecommunications Act 1999, ss 61 to 62 (damage to installation; offences by a licensee officer, employee or agent)(sso.agc.gov.sg).gov
  3. Personal Data Protection Act 2012, s 4(1)(a) (no obligation on an individual acting in a personal or domestic capacity)(sso.agc.gov.sg).gov
  4. Evidence Act 1893, s 5 (evidence may be given of facts in issue and relevant facts, and of no others)(sso.agc.gov.sg).gov
  5. Evidence Act 1893, s 138 (court to decide as to admissibility of evidence)(sso.agc.gov.sg).gov
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