5 Mar 2009
HUI KEE CHUN v. THE PRIVACY COMMISSIONER FOR PERSONAL DATA
- Citation
- HUI KEE CHUN v. THE PRIVACY COMMISSIONER FOR PERSONAL DATA
- Court
- Court of Appeal
- Case number
- CACV401/2007
The appeal was dismissed because the statement of claim failed to disclose a reasonable cause of action against the Commissioner; the Ordinance establishes the statutory scheme and remedies (including administrative appeal routes and compensation against data users) which demonstrate no legislative intent to create private law duties enforceable against the Commissioner in the pleaded manner, and the proposed alternative causes (negligence, breach of statutory duty, malicious prosecution) could not be plausibly pleaded or supported.