Additional Slides

Protection from Harassment Act

Objectives

• Fear/provocation of violence & harassment of public servants
• Harassment, alarm or distress (privacy & public order)
• Unlawful Stalking

What can constitute "reasonable conduct"?

• The nature of the act in question.
• The context in which those acts occurred.
• The effect of those actions on the victim.

What can constitute "reasonable conduct"?

• Benber Dayao Yu v Jacter Singh [2017] SGHC 92 (s.3)
• Public Prosecutor v Gunasegaran S/O Govindarajoo [2019] SGDC 131 (s.4)

False Statement of Facts in the PHA

B2C2 Ltd v Quoine Pte Ltd [2020] SGCA(I)2

Is there a contract with AI involved?

• s.15 ETA and the use of automated message systems for contracting
• Digilandmall case: O&A automatically generated by software is made in accordance with the intentions of the programmer

Was there unilateral mistake in this case?

• The question was whether, when programming the algorithm (until the contract was formed), the programmer was doing so with actual or constructive knowledge of the fact that the relevant offer would only ever be accepted by a party operating under such a mistake (and not to the specific incident per se).
• There was no mistake as to a term, but at most a mistaken assumption.

Take Aways for development of the law

• CA preferred an "incremental adjustment" of the law over "fundamental redesign" where the existing rules are adequate. Redesign is preferably done by the legislature (e.g. RecordTV software v. set-top box amendments to CA).
• The responsibility for AI decision-making, at least for deterministic systems, are still to be attributed to the programmer, albeit concepts like knowledge had to be adapted.

Protection from Harassment Act

• Intentional harassment, doxxing and public nuisance
• Fear, provocation and facilitation of violence
• Unlawful stalking

Breach of Confidence v Misuse of Pte Info

• Confidential relationship v Reasonable expectation of privacy
• Equitable remedy v civil tort
• UK common law v SG law reform recommendation

i-Admin v Hong Ying Ting [2020] SGCA 32

• Quality of confidence (in nature)
• Obligation of confidence (in relationship)
• Presumption of breach (BOP shifts to defendant to prove conscience unaffected/pub int)

[X] v HSBC Bank [2021] SGPDPC 3

• "[T]he application of business rules in the algorithmic analysis yielded opinions"
• "[O]pinion data...forms part of [a person's] personal data"

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Useful Resources

• PDPC Digest and Guidelines
• SAL Law Reform Committee Reports