Protection of identity of person with HIV Infection or other sexually transmitted disease
25.—(1)  Any person who, in the performance or exercise of his functions or duties under this Act, is aware or has reasonable grounds for believing that another person has HIV Infection or is suffering from a sexually transmitted disease or is a carrier of that disease shall not disclose any information which may identify the other person except —
(a)with the consent of the other person;
(b)when it is necessary to do so in connection with the administration or execution of anything under this Act;
(ba)when it is necessary to do so in connection with the provision of information to a police officer under section 22 or 424 of the Criminal Procedure Code 2010;
[10/2008 wef 10/06/2008]
[15/2010 wef 02/01/2011]
(c)when ordered to do so by a court;
(d)to any medical practitioner or other health staff who is treating or caring for, or counselling, the other person;
[10/2008 wef 10/06/2008]
(e)to any blood, organ, semen or breast milk bank that has received or will receive any blood, organ, semen or breast milk from the other person;
(f)for statistical reports and epidemiological purposes if the information is used in such a way that the identity of the other person is not made known;
(g)to the victim of a sexual assault by the other person;
(h)to the Controller of Immigration for the purposes of the Immigration Act (Cap. 133);
(i)to the next-of-kin of the other person upon the death of such person;
(j)to any person or class of persons to whom, in the opinion of the Director, it is in the public interest that the information be given; or
(k)when authorised by the appropriate Minister to publish such information for the purposes of public health or public safety.
[5/92; 13/99]
[Act 5 of 2019 wef 25/03/2019]
[Act 5 of 2019 wef 25/03/2019]
(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.
[5/92]
[10/2008 wef 10/06/2008]
(3)  For the purposes of subsection (1)(a), the consent of the other person includes —
(a)if that person has died, the written consent of that person’s spouse, personal representative, administrator or executor;
(b)if that person is below the age of 16 years, the written consent of a parent or legal guardian of that person; and
(c)if, in the opinion of the medical practitioner who undertook the test for HIV Infection for that person, he has a disability by reason of which he appears incapable of giving consent, the written consent in the following order, of —
(i)a legal guardian of that person;
(ii)the spouse of that person;
(iii)a parent of that person; or
(iv)an adult child of that person.
[13/99]
[Act 5 of 2019 wef 25/03/2019]