Report on Civil Liability for Misuse of Private Information

Jack Tsen-Ta Lee & Phang Hsiao Chung; Simon Constantine (ed), Report on Civil Liability for Misuse of Private Information (Singapore: Law Reform Committee, Singapore Academy of Law, 2020) (ISBN 978-981-14-7748-5)

62 Pages Posted: 16 Feb 2021 Last revised: 13 Apr 2021

See all articles by Jack Tsen-Ta Lee

Jack Tsen-Ta Lee

Independent

Hsiao Chung Phang

Attorney-General's Chambers, Singapore

Date Written: December 1, 2020

Abstract

This report issued by the Law Reform Committee of the Singapore Academy of Law considers whether the existing legal protections from the disclosure and serious misuse of private information in Singapore are sufficient and effective.

At present, while various protections for victims of such misuse and related breaches of privacy exist, these derive from an assortment of different statutory and common law causes of action (for example, suing for intentional infliction of emotional distress, private nuisance and/or breach of confidence, or bringing claims under the Personal Data Protection Act or Protection from Harassment Act). This patchwork of laws – several of which were designed primarily to address matters other than misuse of private information – not only risks making the law more difficult for victims to navigate, it also risks some instances of serious misuse of private information not being effectively provided for and those affected finding themselves with no real recourse or remedy.

Given these shortcomings, it is submitted that a statutory tort of misuse of private information should be introduced.

(The draft bill annexed to the report was prepared by Phang Hsiao Chung, Deputy Registrar of the Supreme Court, in his capacity as a member of the Law Reform Committee.)

Updates on the status of the report are available at https://www.sal.org.sg/Resources-Tools/Law-Reform/Misuse_of_Private_Information.

Keywords: misuse of private information, privacy law, Singapore, tort law

JEL Classification: K13

Suggested Citation

Lee, Jack Tsen-Ta and Phang, Hsiao Chung, Report on Civil Liability for Misuse of Private Information (December 1, 2020). Jack Tsen-Ta Lee & Phang Hsiao Chung; Simon Constantine (ed), Report on Civil Liability for Misuse of Private Information (Singapore: Law Reform Committee, Singapore Academy of Law, 2020) (ISBN 978-981-14-7748-5), Available at SSRN: https://ssrn.com/abstract=3766037

Hsiao Chung Phang

Attorney-General's Chambers, Singapore ( email )

1 Upper Pickering Street
Singapore, 058288
Singapore
+65 6908 9585 (Phone)
+65 6702 0514 (Fax)

HOME PAGE: http://www.agc.gov.sg

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