loss

The Digital Personal Data Protection Act defines the term loss to cover specific types of harm or financial disadvantage. Under the first part of the definition, a loss includes any loss in property. It also covers situations where the supply of services is interrupted. The Act clarifies that this property loss or service interruption counts as a loss regardless of whether the situation is temporary or permanent. The second part of the definition focuses on financial and earning opportunities. A loss occurs if an individual loses the chance to earn money, which the Act calls remuneration, or loses the chance to earn a greater amount of money. Furthermore, the definition includes losing the opportunity to gain a financial advantage in ways other than standard, legitimate earnings. This ensures that missed financial opportunities are officially recognized as a loss under the law.

Key points

• Loss includes any loss in property or an interruption in the supply of services. [(i)]
• A property loss or service interruption counts as a loss whether it is temporary or permanent. [(i)]
• Loss includes missing out on the opportunity to earn money or to earn a higher amount of money. [(ii)]
• It also covers the lost opportunity to gain a financial advantage outside of standard legitimate earnings. [(ii)]

Common misreadings

• People might think a loss must be permanent to count, but the Act explicitly includes temporary losses of property or service interruptions.
• People might assume loss only means losing money already possessed, but it also includes the lost opportunity to earn future money or financial advantages.