Legal Update 1 of 2012

Privacy – whether supplying information to CTOS is an invasion of privacy.

CASE:

Mohd Zaid bin Johan v CTOS Sdn Bhd [2012]1 AMR 44

ISSUE:

Privacy – whether supplying information to CTOS is an invasion of privacy.

BRIEF FACTS:

• The defendant (CTOS) is a company which provides credit information to individuals, banks, credit facilities institutions, etc.
• The plaintiff (Mohd Zaid) is an individual who had a bankruptcy notice mistakenly filed against him by AmBank. The bankruptcy action was subsequently withdrawn.
• Nonetheless, by mistake, AmBank had informed CTOS about the bankruptcy action by a letter and advertised the bankruptcy notice in a newspaper.
• As a consequence, all Mohd Zaid’s attempts to obtain loans from banks failed as they found him to be blacklisted in CTOS.
• Mohd Zaid filed a suit for negligence against AmBank and was successful. While that suit was ongoing, he also filed an action against CTOS for committing an invasion of his privacy.
• Mohd Zaid claimed that as result of CTOS’ actions, he was put to inconvenience and suffered loss because of the invasion of his privacy.

DECISION: Mohd Zaid’s claim dismissed with costs.

• Mohd Zaid’s claim that there was an invasion of privacy was misplaced and ought to be rejected.
• The business conducted by CTOS was not in breach of any law in force at the time.
• There was also no evidence show that the information that AmBank supplied to CTOS was obtained by trespass or was information that was confidential to Mohd Zaid.
• Even if there was any privacy, it was outweighed by the fact that the bankruptcy notice was advertised in the newspapers and was therefore, in the public domain.
• Since the bankruptcy notice issued against Mohd Zaid amounted to public knowledge and was in the public domain, it did not import any duty of confidence because it was no longer regarded confidential information.
• There was no invasion of privacy or the commission of any tortious act by CTOS.