3. Definitions and related matters – CPD courses
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3.1 Before considering the various Data Protection Provisions, it is important to take note of some terms which are used throughout the Data Protection Provisions and which bear particular meanings for the purposes of the PDPA. Some of these terms are defined in Part I of the PDPA (specifically, in section 2(1)). CPD courses
3.2 A good starting point is the statement of the PDPA’s purpose, which is found in section 3 of the PDPA. This states:“The purpose of this Act is to govern the collection, use and disclosure of personal data by organisations in a manner that recognises both the right of individuals to protect their personal data and the need of organisations to collect, use or disclose personal data for purposes that a reasonable person would consider appropriate in the circumstances.” (emphasis added) CPD courses.
3.3 From the above statement of the PDPA’s purpose, the following important terms should be noted:
a) “individuals”
b) “personal data”
c) “organisations”
d) “collection, use and disclosure”
e) “purposes”
f) “reasonable”
3.4 This section seeks to provide guidance on how the above terms may be understood and applied in the context of the Data Protection Provisions. CPD courses.
4 Individuals
4.1 The PDPA defines an individual as “a natural person, whether living or deceased”.
4.2 The term “natural person” refers to a human being. This may be distinguished from juridical persons or “legal persons” which are other entities that have their own legal personality and are capable of taking legal action in their own name. An example of such a “legal person” is a body corporate such as a company. The term “natural person” would also exclude unincorporated groups of individuals such as an association which may take legal action in its own name. CPD courses.
4.3 Accordingly, since the various Data Protection Provisions are concerned with the personal data of individuals, only the personal data of natural persons is protected under the PDPA. Data relating to corporate bodies and other entities are not covered.
4.4 As the term “individual” includes both living and deceased individuals, the PDPA applies in respect of deceased individuals. However, as will be explained later, the PDPA applies to a limited extent in respect of the personal data of deceased individuals.
Source: PDPC
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