If you have been on the receiving end of a data breach and wish to obtain legal advice, we can have a consultation with you to obtain the facts, apply the law to the facts and then furnish a legal opinion detailing any options available to you, in our opinion.
Data Protection Law in Ireland is governed by the Data Protection Acts and GDPR regulations.
Protection of personal data is a right under the regulations and this post will give you preliminary information on data breach claims.
Personal Data Defined
A definition for same under the regulations is defined as :
‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Lawful Data Processing
In order for the data to be lawfully processed then the data subject must have given consent to the data processing or its necessary to comply with a legal obligation, for example.
Data & Consent
It is the obligation of the person / entity to ensure they are able to show they have proof the data subject agreed to their data processing.
The data subject can withdraw this consent.
Right to Privacy
Under the Irish Constitution a person has personal rights.
Right to a Private Life
Under the European Convention on Human Rights a person has a right to respect for private and family life.
Article 82 GDPR – Right to Compensation & Liability
A person who has suffered whats termed material and non-material damage as a consequence of a breach of the regulation has a right to receive compensation from the controller of the data who engaged in the breach.
Judicial Remedy for a Data Breach
In the event of a breach should a person wish to take legal action, then Circuit or High Court proceedings in a tort law civil claim action takes place.
The court can grant injunctive relief or compensation if one party is found liable.
Data Protection Commission
This organisation can assist with enforcing data protection laws in Ireland.
Complaints can be made the the DPC and information what they do is detailed on their website https://dataprotection.ie/
Cleary & Co. Solicitors, Litigation Law Firm
Kieran Cleary and Roger Cleary Solicitors can help with questions you may have regarding data breach claims. Our numbers are (01) 546 1121 or (052) 612 1999 and email address is firstname.lastname@example.org
Frequently Asked Questions
What is the role of the Data Protection Commission (DPC) in dealing with data breach claims in Ireland ?
The Data Protection Commission is the Irish authority responsible for regulating data protection matters which includes data breach investigations and enforcement actions.
Breach Reporting Obligations
Under GDPR there is a general requirement to report a data breach to the DPC within 72 hours after becoming aware of the breach.
Can an individual seek compensation for a data breach in Ireland ?
A person who suffers material or non-material damage as a result of this breach may seek compensation for damages.
What could constitute a data breach per Irish data protection law?
It can occur where unauthorised disclosure or loss of personal data which can adversely affect the privacy or rights of the data subject occured.
What can an organisation do to prevent data breaches in Ireland ?
Policies and security measures can be implemented, risk assessments, staff training etc.
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
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We can assist with legal advice on Irish data protection law matters.