The Singapore Court of Appeal has delivered a significant ruling against the Attorney-General's Chambers (AGC) and the Singapore Prison Service (SPS), declaring their actions of requesting and disclosing prisoner correspondence unlawful. The judgment, issued on October 11, 2024, emphasized that both entities violated the confidentiality rights of 13 prisoners, including those on death row.
The case stemmed from allegations raised by prisoner Datchinamurthy a/l Kataiah in 2020, who claimed that the SPS had forwarded his letters to the AGC without consent. This prompted a civil appeal, which revealed that over 68 documents, including sensitive communications between prisoners and their legal representatives, were improperly disclosed.
Chief Justice Sundaresh Menon and his colleagues found that the SPS overstepped its authority by sharing confidential communications without a court order or the prisoners' consent. The court underscored the critical importance of maintaining the confidentiality of legal correspondence to uphold the due process rights of prisoners.
Despite acknowledging the breaches, the court upheld a prior ruling of nominal damages of S$10 for minor copyright infringements, indicating that the violations did not result in significant harm warranting substantial compensation. This ruling marks a pivotal moment in protecting the privacy rights of prisoners in Singapore.