NO&T Asia Legal Review
In a recent decision rendered in May 2021, the Singapore High Court determined for the first time the scope of a person’s right of private action under section 32 of the Personal Data Protection Act 2012 (“PDPA”). The Court considered the threshold of “loss or damage” that must be met in order for a person to bring a civil action against an organisation for a breach of the PDPA.
The High Court held that loss of control over personal data or emotional distress from such loss of control, without more, is insufficient to establish a right of private action. Instead, a person must have suffered one of the heads of loss and damage under common law (such as financial loss, damage to property, and personal injury, including psychiatric illness). The case, Bellingham, Alex v Reed, Michael [2021] SGHC 125 (“Bellingham v Reed”), is presently on appeal to the Singapore Court of Appeal.
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