Personal Data Protection Order, 2025 · As enacted · Part · Preliminary
33. Unauthorised re-identification of anonymised information
Official textFrom Attorney General's Chambers, unchanged
If-fa} an individual takes any action to re-identify or cause re-identification of the individual to whom anonymised information in the possession of or under the control of an organisation or a public agency relates (referred to in this section as the affected individual);
{b) the re-identification is not authorised by the organisation or public agency; and
organisation
"organisation" includes any individual, company, association or body of persons, corporate or unincorporated, whether or not- (a} formed or recognised under the law of Brunei Darussalam; or (bJ resident, or having an office or a place of business, in Brunei Darussalam;
{c) the individual does so-
knowing that the re-identification 1s not authorised by the organisation or public agency; or
reckless as to whether the re-identification is or 1s not authorised by the organisation or public agency, the individual is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 2 years or both.
In proceedings for an offence under subsection ( 1), it is a defence to the charge for the accused to prove, on a balance of probabilities, any of the following-
proceedings
"proceedings" means any civil, criminal or administrative proceedings by or before a court, tribunal or regulatory authority that is related to the allegation of - (aJ a breach of an agreement; 13 8th. JANUARY, 2025 (b) a contravention of any written law or any rule of professional conduct or other requirement imposed by any regulatory authority in exercise of its powers under any written law; or (c) a wrong or a breach of a duty for which a remedy is claimed under any law;
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(a} that-
the information on the identity of the affected individual is publicly available; and
where that information was publicly available solely because of an applicable contravention, the accused did not know, and was not reckless as to whether, that was the case;
(b} the action to re-identify or cause re-identification is -
permitted or required by or under any other written law
(other than this Order); or
authorised or required by an order of court;
(c} the accused-
reasonably believed that the re-identification was for a specified purpose; and
notified the Authority or the organisation or public agency of the re-identification as soon as is practicable;
(d} the accused took the action to re-identify or cause re-identification in the reasonable belief that, and was not reckless as to whether, the accused had the legal right to do so, other than for a specified purpose;
(e}
in any other circumstances, or for any other purpose, prescribed.
For the avoidance of doubt, subsection (2) does not affect any obligation or limitation imposed on, or prohibition of, the re-identification of the affected individual by or under any other written law.
affected individual
"affected individual" means any individual to whom any personal data affected by a data breach relates;
In this section -
"applicable contravention" means a contravention of subsection (1);
"specified purpose" means any purpose specified in Schedule 5.
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PART9
ENFORCEMENT
Terms defined in this Act
affected individual
Defined · s 25"affected individual" means any individual to whom any personal data affected by a data breach relates;
Authority
Defined · s 2"Authority" means the Authority for Info-communications Technology Industry of Brunei Darussalam established by section 3 of the Authority for Info-communications Technology Industry of Brunei Darussalam Order, 2001;
organisation
Defined · s 2"organisation" includes any individual, company, association or body of persons, corporate or unincorporated, whether or not- (a} formed or recognised under the law of Brunei Darussalam; or (bJ resident, or having an office or a place of business, in Brunei Darussalam;
proceedings
Defined · s 2"proceedings" means any civil, criminal or administrative proceedings by or before a court, tribunal or regulatory authority that is related to the allegation of - (aJ a breach of an agreement; 13 8th. JANUARY, 2025 (b) a contravention of any written law or any rule of professional conduct or other requirement imposed by any regulatory authority in exercise of its powers under any written law; or (c) a wrong or a breach of a duty for which a remedy is claimed under any law;
public agency
Defined · s 2"public agency" includes - (a} the Government, including any ministry, department, agency, or organ of State; (b) any tribunal appointed under any written law; or (c) any statutory body as the Minister may, by notification published in the Gazette, specify to be a public agency for the purposes of this Order;
publicly available
Defined · s 2"publicly available", in relation to personal data about an individual, means personal data that is generally available to the public, and includes personal BRUNEI DARUSSALAM GOVERNMENT GAZETTE data which can be observed by reasonably expected means at a location or an event- (a} at which the individual appears; and (b} that is open to the public.
Part
Appeals
Part
Investigation and Offences
Part