Article 69 – Private Right of Action, Burden of Proof, and Damages

Where a personal information handler infringes the rights or interests on personal information due to any personal information handling activity and cannot prove that the handler is not at fault, the handler shall assume the liability for damages and other tort liability.

The liability for damages prescribed in the preceding paragraph shall be determined based on the losses of individuals incurred thereby and the benefits acquired by the infringing personal information handler; and where it is difficult to determine the aforementioned losses or the benefits, the amount of damages shall be determined based on the actual circumstances. 

Related provisions: