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ARTICLE · 24 OCTOBER 2022

Clarifying The Right To Private Action Under The Personal Data Protection Act

The Personal Data Protection Act ("PDPA") sets out the duties of businesses and organisations regarding the collection, use and disclosure of personal data.

SingaporePrivacy

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.

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