Personal Data Protection Act 2012 · 2020 Revised Edition · Part 9C · Enforcement
48O. Right of private action
Feedback & supportLast amended by an amending law of 2021. 2 amendments in all.
A person who suffers loss or damage directly as a result of a contravention —
loss
“loss” means —(a)a loss in property or a supply of services, whether temporary or permanent; or(b)a loss of an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of remuneration,but excludes, in relation to an individual, the loss of personal data about the individual;
by an organisation of any provision of Part 4, 5, 6, 6A or 6B; or
by a person of any provision of Division 3 of Part 9 or section 48B(1),has a right of action for relief in civil proceedings in a court.
If the Commission has made a decision under this Act in respect of a contravention specified in subsection (1), an action accruing under subsection (1) may not be brought in respect of that contravention until after the decision has become final as a result of there being no further right of appeal.
Commission
“Commission” means the person designated as the Personal Data Protection Commission under section 5 to be responsible for the administration of this Act;
The court may grant to the claimant in an action under subsection (1) all or any of the following:
relief by way of injunction or declaration;
damages;
any other relief as the court thinks fit.