In a damages claim brought under the Personal Information Protection Act, what must be shown before a court will order the opposing party to produce documents proving the damage or its amount?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the complaint to confirm the claim is for damage caused by conduct violating the Personal Information Protection Act, the written application asking the court to order production and the description of the materials sought, and any paper in which the responding party says the materials are trade secrets or that a proper reason exists to refuse.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading rests the whole order on the party's application: because the claim is for damage caused by conduct violating this Act, the court may, on that application, order the opposing party to produce materials needed to prove the damage or to calculate its amount, and the order does not issue where the person ordered has a proper reason to refuse.
Another reading addresses the trade secret point: where the materials fall under a trade secret under the Unfair Competition Prevention and Trade Secret Protection Act but are indispensable to proving the damage or calculating its amount, that secrecy is not treated as a proper reason, and the court must then designate the range of inspection, or the persons who may inspect, within the purpose of the order.
Your judgment
If the materials are trade secrets, how can the file show that they are indispensable to proving the damage or calculating its amount?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change what counts as a proper reason or to replace the duty to designate inspection, or if a court decision explains what makes materials indispensable within the meaning of this provision.