Yes, a data subject may institute a civil action for damages in a court having jurisdiction against a responsible party for any breach of any provision of the Act as referred to in Section 73 of POPI, whether or not there is intent or negligence by the responsible party.
It is, therefore, a no-fault liability unless the responsible party can prove that the breach was vis major, the data subject consented to the breach, the data subject was at fault, compliance was not reasonably practicable in the circumstances, or the Information Regulator granted an exemption.
The court may award an amount that is just and equitable, including payment of damages as compensation for patrimonial and non-patrimonial loss suffered by a data subject as a result of the breach of POPI, aggravated damages, interest and the cost of the civil action on a scale determined by the court.
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