彭道力 對 SECRETARY FOR JUSTICE for and on behalf of the DIRECTOR OF LEISURE AND CULTURAL SERVICES DEPARTMENT

彭道力 對 SECRETARY FOR JUSTICE for and on behalf of the DIRECTOR OF LEISURE AND CULTURAL SERVICES DEPARTMENT

Court accepted that the Department had over-collected certain personal data in breach of PDPO principles but plaintiff failed to prove on balance of probabilities that the contravention caused the claimed psychiatric injury and economic losses; allegations of misfeasance in public office were unsupported and...

Source-derived case information.

Citation
[2024] HKDC 1721
Parties
Plaintiff: PANG TO LIK; Defendant: Secretary for Justice for and on behalf of the Director of Leisure and Cultural Services Department
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 October 2024
Case Number
DCPI3753/2019
Procedural Posture
Personal Injury and Statutory Data Privacy Claim / Judgment (trial)
Outcome
Claim dismissed. Provisional costs order in favour of defendant.
Legal Topics
Personal Data (privacy) Ordinance, Misfeasance in Public Office, Causation, Damages, Evidence
Source Language
ch
Data Protection Tort Administrative Law Public Law Civil Procedure Personal Data (privacy) Ordinance Misfeasance in Public Office Causation +2 more

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Parties

PANG TO LIK

Plaintiff

Secretary for Justice for and on behalf of the Director of Leisure and Cultural Services Department

Defendant

Procedural Posture

Personal Injury and Statutory Data Privacy Claim / Judgment (trial)

  1. 1 Whether the collection of the plaintiff's personal data exceeded what was necessary under the Personal Data (Privacy) Ordinance (PDPO)
  2. 2 Whether the PDPO breach caused compensable psychiatric injury and other losses under s66 PDPO
  3. 3 Whether the actions of the public officers amounted to misfeasance in public office

Ratio Decidendi

Court accepted that the Department had over-collected certain personal data in breach of PDPO principles but plaintiff failed to prove on balance of probabilities that the contravention caused the claimed psychiatric injury and economic losses; allegations of misfeasance in public office were unsupported and speculative; claim dismissed and costs awarded to defendant.

Court Disposition

Claim dismissed. Provisional costs order in favour of defendant.

Orders

  • Provisional costs order: plaintiff to pay defendant's costs; if parties cannot agree, costs to be assessed by the court.
  • Unless either party applies to vary within 14 days, the provisional costs order will become final after 14 days.