Singapore: Issued Singapore Court of Appeal ruling on PDPA right of private action in Reed v Bellingham

On 9 September 2022, the Court of Appeal of the Republic of Singapore ruled on the right to bring a private action under Section 32(1) of the Personal Data Protection Act 2012 (PDPA). In Reed v Bellingham, a former employee used the clients' names, personal email addresses and investment information without their consent. The former employer, together with one of the affected clients, brought an action under section 32(1) of the PDPA. In particular, the Court of Appeal held that emotional distress is sufficient to constitute the "loss or damage" required for a private action under section 32(1) of the PDPA, reversing the decision of the High Court. Companies that process personal data could be held liable for causing emotional distress when breaching the PDPA. The Court of Appeal also clarified that emotional distress is actionable damage provided that there is a direct causal link between the suffered emotional distress and the contravention of the relevant provisions of the PDPA.