Compensation for non-material damage pursuant to Article 82 GDPR – Eoin O’Dell

10 03 2020

The General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 [the GDPR]) provides both for public enforcement by data protection authorities and for private enforcement by any person who has suffered damage as a result of an infringement of the Regulation (on this inter-connection, see Johanna Chamberlain & Jane Reichel “The Relationship Between Damages and Administrative Fines in the EU General Data Protection Regulation” 89 Mississippi Law Journal (forthcoming 2020; SSRN)). Read the rest of this entry »

Ireland: Damages for Data Protection Breaches 2, Why Murphy v Callinan is wrong – Eoin O’Dell

20 12 2019

In my previous post in this series, I argued (yet again) that Collins v FBD Insurance plc [2013] IEHC 137 (14 March 2013) was wrongly decided. It precludes a claim for damages for distress for breach of data protection rights, pursuant to section 7 of the Data Protection Act, 1988 (also here) [hereafter: section 7 DPA88]. Read the rest of this entry »

Ireland: Damages for infringement of data protection rights – Eoin O’Dell

5 07 2016

Screen-Shot-2016-07-01-at-11.32.01At the Irish Centre for European Law’s Privacy and Data Protection Conference on 1 July 2016 (programme pdf) in the Royal Irish Academy, many interesting themes were explored. I want in this post to pick up on one of them, relating to damages for infringement of data protection rights. Read the rest of this entry »