Subject to subsection (4), an individual who suffers
damage by reason of a contravention-
(a)
of a requirement under this Ordinance;
(b)
by a data user; and
(c)
which relates, whether in whole or in part, to
personal data of which that individual is the
data subject,
shall be entitled to compensation from that data user
for that damage.
(2)
For the avoidance of doubt, it is hereby declared that
damage referred to in subsection (1) may be or include
injury to feelings.
(3)
IIn any proceedings brought against any person by virtue
of this section it shall be a defence to show that-
(a)
he had taken such care as in all the circumstances
was reasonably required to avoid the contravention
concerned; or
(b)
in any case where the contravention concerned
occurred because the personal data concerned were
inaccurate, the data accurately record data received
or obtained by the data user concerned from the
data subject or a third party.
(4)
Where an individual suffers damage referred to in subsection
(1)by reason of a contravention referred to in that
subsection which occurred because the personal data
concerned were inaccurate, then no compensation shall
be payable under that subsection in respect of so much
of that damage that has occurred at any time before
the expiration of 1 year immediately following the day
on which this section commences.
