Mr. Denis Kelleher:

Representative actions are possible. The group of people could get together and say that they would bring one representative action forward. The Deputy will have seen that, for instance, in the Army deafness case, with big sets of actions where one saw individuals going forward with their claims being set. That is one option. The other option is that the rule against class actions, as I understand it, is basically set out in the rules of the superior courts and court judgments. I would be surprised if one does not see lawyers bringing forward claims stating that they want to bring forward a class action and testing elements of that, and stating under Article 80 of the GDPR they are entitled to bring forward class actions and they want to bring forward those class actions. Then the issue for the Oireachtas is that one can bring class actions, as stated in the GDPR, where provided for by member state law. In a sense, does the Oireachtas want to govern that process or does one allow actions before the courts and decisions of the superior courts rules committee, which is, I suppose, where the action will move to otherwise if the Oireachtas does not consider that point? One way or another, one will find oneself with some sort of representative or class action being brought the courts.