Oireachtas Joint and Select Committees
Wednesday, 14 June 2017
Joint Oireachtas Committee on Justice, Defence and Equality
General Scheme of Data Protection Bill 2017: Discussion
10:20 am
Ms Helen Dixon:
There has always been an interesting position in terms of the role of data protection authorities in Europe. Mr. Carroll alluded to this. We are currently, and will not be in the future under the GDPR, full blown ombudsmen. Currently, in investigating complaints we do not have the powers to order redress or to deliver compensation. That position is retained under the GDPR. Currently, section 7 of the Data Protection Act provides that individuals can go to court to seek compensation if they consider that they have suffered damage but, as per FBD v.Collins, it must be material damage. It is expanded under Article 82 of GDPR, whereby individuals can go to court to seek compensation for material or non-material damage. Our reading of the GDPR is that it is prescriptive that court proceedings are required to achieve that compensation. I do not believe it is envisaged that there could be a parallel process.
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