As of Apr 4, 2020, I
haven't received a reply from the National Library Board. On Apr
4, it was announced that all public library would be temporarily closed until
May 4. As a result, my complaint has become
unnecessary because there is no access to the
public library at all.
From: Yan
Jun
Sent: Thursday, April 02, 2020 11:53 AM
To: NLB Quality Service Manager
Cc: PDPC (qsm@imda.gov.sg); Straits Times (stforum@sph.com.sg); Lian He Zao Bao; AGC (AGC@agc.gov.sg); SPF Feedback Shared (SPF) (SPF_Feedback_Shared@spf.gov.sg)
Subject: Clause 23 of the PAPD and a reasonable effort
Sent: Thursday, April 02, 2020 11:53 AM
To: NLB Quality Service Manager
Cc: PDPC (qsm@imda.gov.sg); Straits Times (stforum@sph.com.sg); Lian He Zao Bao; AGC (AGC@agc.gov.sg); SPF Feedback Shared (SPF) (SPF_Feedback_Shared@spf.gov.sg)
Subject: Clause 23 of the PAPD and a reasonable effort
Dear Riza Rahman,
I refer to your email
with regard to the legal basis for librarians’ collection of visitors’ NRIC
number, or the Personal Data Protection Act (PDPA) 2012.
However, what I am
complaining about is the unnecessarily duplicative efforts put in by the
librarians to ensure the accuracy of visitors’ NRIC numbers. Such an action is
against the Clause 23 of the PAPD and has caused serious inconveniences. Clause
23 requires a librarian to put in a reasonable effort but not
extra efforts for the purpose of contract tracing.
I still wish to complain
about Constance Lerh and Voanne Stewart in Bedok library. Although they were
fully aware of my identity by checking my old NRIC, they still repeatedly asked
for my NRIC and refused to accept my Passion Card that contained my accurate
NRIC number.
The facts
On Mar 28, 2020,
Constance Lerh refused to accept my Passion Card as a valid document for verifying
my identity on the grounds that a Passion Card didn’t have a photo on it. While
the bar code of a Passion Card did represent a person’s accurate NRIC number,
Constance Lerh explained that she was unable to make an identity verification
with my photo.
However, she did accept
the picture of a NRIC saved in a smartphone. When questioned what document
should a visitor who has lost his NRIC produce, she answered a photocopy of the
visitor’s NRIC. In response to my reminder that a photocopy or a picture
of a NRIC could be easily manipulated, she answered that act was a crime. I
reminded her that the misuse of Passion Card in the current COVID-19 situation
equally constituted a crime so she should accept the Passion Card, she didn’t
reply.
With regard to the legal
basis for the production of NRIC, Constance Lerh was unable to give an answer.
Later Sharon Heng, the manager of Bedok library, told me that the legal basis
was the PDPA. Because she was unable to explain how PDPA had authorized the
library to check visitors’ NRIC, Sharon Heng promised to email the answer to me
later on.
Since the librarians in
Bedok had already verified my identity by checking my old NRIC (an invalidated
one), I asked whether I was allowed to use my Passion Card in the future. They
firmly rejected my request. On Apr 1, librarians Constance Lerh and Voanne
Stewart even threatened to stop me from entering the library if I refused to
show them my old NRIC.
The issue and the
analysis
The current issue is the
standard of the care that libraries should apply to ensure the accuracy of
visitors’ NRIC numbers.
Clause
23 of the PDPA deals with the accuracy obligation carried out
by an organization. It provides that “An organization shall make a reasonable effort
to ensure that personal data collected by or on behalf of the organization is
accurate and complete, if the personal data (a) is likely to be used by the
organization to make a decision that affects the individual to whom the
personal data relates; or (b) likely to be disclosed by the organization to
another organization.
If a librarian is fully
aware of a visitor’s NRIC number, he is not in a position to conduct any
verification procedure because he has already fulfilled his duty of care
concerning the accuracy of this visitor’s identity. Under the PAPD, a visitor’s
only duty is to provide his accurate personal data to a librarian. As for the
final verification of a visitor’s NRIC number, it should be done by the police
but a librarian in the strictest sense. It clear that most librarians have
forgot about their duty to provide members of the public a place to read books.
They exercise unnecessarily duplicative efforts for NRIC numbers has caused serious
inconveniences.
In my opinion, a Passion
Card is acceptable in this situation because most visitors are not liars and
would not misuse their Passion Cards. Given the fact that the NRIC number isn’t
written on a Passion Card, a librarian can make an identity verification by
asking a visitor for his NRIC number instead of a photo verification. What the
Personal Data Protection Commission asked for was visitors’ accurate NRIC
numbers, which may not be taken from NRIC directly.
In line with my analysis
is the requirement for visitors in other public places to fill out the health
declaration form. While this requirement is also laid down in accordance the
PAPD, visitors are not required to verify his particulars in the declaration
form with his NRIC.
My request
I would appreciate it if
the National Library Board takes my complaint seriously and reply to me. Please
do forward my email and your reply to Bedok and Tampines library so I can avoid
bitter arguments with them. Both managers and the librarian in Bedok and
Tampines librarians are aware of me and my request.
I understand that the
library management may not even think about the level of care librarians should
exercise for collecting accurate visitors’ NRIC number. In fact, even police officers were unable to answer similar questions.
My intention
My intention is to
eliminate unnecessary efforts made by librarians for the accuracy of NRIC
numbers. NRIC certainly is the best option for identity verification but is not
the only way.
I believe very few
people would make reasonable effort to correct the librarians’ mistake. For
that reason, I copy this letter to the PDPC, the Straits Times, Lian He Zao
Bao, the AGC, and the Police. I think the Personal Data Protection Commission
(PDPC) needs to pay attention to the issue raised in this email.
Thank you. I am looking
forward to hearing from you soon.
Regards,
Yan Jun
(S7684361I)
From: NLB Quality Service Manager [mailto:qsm@nlb.gov.sg]
Sent: Thursday, April 02, 2020 10:51 AM
To: Medp1128@hotmail.com
Subject: RR2003005671: Feedback on PassionCard and PDPA NLB:0014005937
Sent: Thursday, April 02, 2020 10:51 AM
To: Medp1128@hotmail.com
Subject: RR2003005671: Feedback on PassionCard and PDPA NLB:0014005937
Dear Mr Yan Jun,
We refer to your
feedback provided to staff during your visit to the Bedok Public Library on 28
March 2020. Your comments have also been shared with our management team.
In view of the evolving
COVID-19 situation, temperature taking and the taking down of personal
particulars have been implemented as precautionary measures for the safety of
our patrons. As contact tracing requires a high degree of accuracy, the NRIC or
a photo ID is required.
Patrons are advised to
present their photo ID cards to facilitate this and the information is
displayed on our website www.nlb.gov.sg and social media platforms.
We would also like to
share that it is stated on the Personal Data Protection Commission (PDPC)
website (https://www.ifaq.gov.sg/PDPC/apps/Fcd_faqmain.aspx#FAQ_2110433), that organisations may collect personal data
of visitors to premises for purposes of contact tracing and other response
measures in the event of an emergency such as during the outbreak of the
coronavirus disease 2019 (COVID-19). In the event of a COVID-19 case, personal
data can be collected, used and disclosed without consent to carry out contact
tracing and other response measures, pursuant to sections 1(b) of the Second,
Third and Fourth Schedules to the PDPA, as this is necessary to respond to an emergency
that threatens the life, health or safety of other individuals. As
organisations may require national identification numbers to accurately
identify individuals in the event of a COVID-19 case, organisations may collect
visitors’ NRIC, FIN or passport numbers for this purpose.
We seek your
understanding and cooperation so that together, we can curb any further spread
of the COVID-19 to the community, and make our libraries a safe environment for
all.
Regards,
Riza Rahman
Officer
Quality Service Management
National Library Board.
