Is it true that both the data subject and personal information controller are entitled to the right to damages?

The statement that both the data subject and the personal information controller are entitled to the right to damages is, in fact, false. Under the Data Privacy Act, the right to claim damages primarily rests with the data subject. This is because the data subject, or the individual whose personal information is being processed, has a direct interest in the protection of their rights and privacy.

In cases where there is an unlawful processing of their personal data or a breach of the obligations imposed on the personal information controller, the data subject can seek damages for any harm or loss that arises as a result. The personal information controller, typically an entity or organization that processes personal data, does not have a parallel right to claim damages in the context of data subject rights under the Act. Therefore, the focus is on the protection and remedies available to the impacted individual rather than the organization that holds the data.