Singapore | Court of Appeal clarifies scope of “Loss or Damage” in the Right of Private Action Under the Personal Data Protection Act

In Reed, Michael v Bellingham, Alex (Attorney-General, intervener) [2022] SGCA 60, the Court of Appeal partially reversed the High Court’s earlier decision and clarified the scope of “loss or damage” which may give rise to a right of private action under the Personal Data Protection Act 2012 (“PDPA”).

This update discusses the Court of Appeal’s findings that “loss or damage” in Section 32(1) of the PDPA includes emotional distress but does not include loss of control over personal data. Further, the Court made clear that Section 4(1)(b) of the PDPA serves as a defence for employees, and the burden lies on a defendant to prove on a balance of probabilities that he was “an employee acting in the course of employment”. This update also reviews the legal position on emotional distress as an actionable form of loss or damage in other jurisdictions, namely in the UK, Hong Kong, Canada, New Zealand, the United States, and within the European Union.

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