The Personal Data Protection Act (“PDPA“) sets out the duties of businesses and organisations regarding personal data. Breaches of the PDPA open up the offending organisation and employees not only to public enforcement action, but also to private civil action by an individual who has suffered loss or damage from the breach. 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. Notably, the Court held that emotional distress falls within the scope of “loss or damage” under the PDPA.
The Court’s decision provides important guidance for organisations and individuals that manage or deal with personal data in the course of operations, shedding light on when they may be exposed to private action for PDPA breaches. This Update provides a summary of the decision and highlights its implications on such organisations and individuals.
For more information, click here to read the full Legal Update.
