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Ireland

Ireland: Data breach claims with stress and physical symptoms are personal injury claims—PIAB authorisation needed; otherwise limited to non-material GDPR damages (Keane v CSO)

Published on: 02 January 2024

Published by a LexisNexis Ireland - Commercial expert
Legal News
Table of contents
  • Background
  • The decision
  • Conclusion
Article summary

According to the General Data Protection Regulation (GDPR), individuals may pursue claims for material and non-material harm arising from violations of personal data rights (see GDPR, Article 82 and section 117 of the Data Protection Act 2018 (Ireland) (DPA 2018 (IRL)). Recent guidance on the valuation of non-material damage has been sharpened by the decision earlier this year in Kaminski v Ballymaguire Foods Ltd [2023] IECC 5. In that ruling, the case addressed in this article was expressly cited and described as ‘important for potential future actions concerning data breaches and claims for damages’. It was also asserted that the relevant data breach triggered acute stress and anxiety with physical symptoms, meaning the claim extended beyond non-material loss and not merely non-material damages...

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