Introduction
The Personal Data Protection Act
("PDPA") sets out the duties of
businesses and organisations regarding the collection, use and
disclosure of personal data. To enforce these obligations, the
Personal Data Protection Commission
("PDPC") is empowered to issue
directions for compliance and impose financial penalties. In
addition, affected individuals are entitled to bring private
actions against the offending organisation if they have suffered
loss or damage from the breach of such duties.
However, not all forms of loss give rise to the right of private
action under the PDPA. In Reed, Michael v Bellingham, Alex
[2022] SGCA 60, the Singapore Court of Appeal provided some
much-anticipated clarification on what constitutes "loss or
damage", and thus when an individual is entitled to initiate
civil proceedings under the PDPA.