Personal Data Protection Order, 2025 · As enacted · Part · General
59. Right of private action
Official textFrom Attorney General's Chambers, unchanged
A person who suffers loss or damage directly as a result of a contravention by an organisation of any provision of Part 4, 5, 6 or 7 has a right of action for relief in civil proceedings in a court.
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 does not include, in relation to an individual, the loss of personal data about the individual.
If the Authority has made a decision under this Order in respect of a contravention specified in subsection ( 1), an action accruing under subsection ( 1)
Authority
"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;
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.
The court may grant to the plaintiff in an action under subsection (1)
all or any of the following -
(a} relief by way of injunction or declaration;
damages;
any other relief as the court thinks fit.
Terms defined in this Act
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;
loss
Defined · s 30"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 does not include, in relation to an individual, the loss of personal data about the individual.
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;