Mr. Seamus Carroll:

The position is that compensation may only be obtained from a court. The Data Protection Commissioner is not in a position to award compensation. That will be a matter for a court and it is covered in Part 6. It is important, however, that the liability of those handling personal data be extended to non-material damage. This is significant because current case law in this jurisdiction means that compensation is only payable for material loss, but the new rules will also extend this to non-material damage such as distress or humiliation.