The Papua New Guinea national identity card system project was realised yesterday during a workshop held by the National Consultative division in Port Moresby.This system will provide basic population counts daily, monthly and annually for the purposes of policy, planning and monitoring, as well as privacy and identity protection of individual citizens in the country. One question on the collection and storage of the personal data. In the event that the data collected and stored is misused or stolen and used for other purposes not intended for in terms of the right to privacy as per section 49 of the constitution, is there a legal structure or framework in place where the aggrieved can sue or claim damages and also whom should he/she sue for that matter? Can that be a sufficient cause for breach of constitutional right of privacy?
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Since we do not have a specific legislation to deal with the enforcing privacy, what would be an appropriate cause action apart from a constitutional breach?