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SINGAPORE HIGH COURT CONSIDERS SCOPE OF THE RIGHT TO PRIVATE ACTION UNDER THE PERSONAL DATA PROTECTION ACT

NO&T Asia Legal Review

Author
Claire Chong
Publisher
Nagashima Ohno & Tsunematsu
Journal /
Book
NO&T Asia Legal Review No.36 (June, 2021)
Reference
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*Please note that this newsletter is for informational purposes only and does not constitute legal advice. In addition, it is based on information as of its date of publication and does not reflect information after such date. In particular, please also note that preliminary reports in this newsletter may differ from current interpretations and practice depending on the nature of the report.

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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