Oireachtas Joint and Select Committees

Thursday, 26 September 2019

Public Accounts Committee

2018 Financial Statements of the Office of the Data Protection Commissioner

9:00 am

Ms Helen Dixon:

I will. It is worth mentioning that the legal costs awarded against the Data Protection Commission in respect of cases coming to a conclusion in 2018 were exceptional. The first very significant amount is that paid in costs to Max Schrems as a result of the judicial review he took in 2014 that gave rise to a reference case to the Court of Justice of the European Union, which was ultimately remitted back to the Irish High Court. He was awarded his costs from that action because the Court of Justice of the European Union found that he had a valid complaint. A cost demand of €900,000 was submitted to the Data Protection Commission in respect of his estimate of costs. We considered that to be excessive and hired a legal costs accountant who engaged in a taxation process and we succeeded in having the claim reduced to €300,000. Therefore, of the nearly half a million euro mentioned, €300,000 relates to Max Schrems's costs arising from that particular case. The other significant amount included relates to costs awarded to the former Minister for Justice and Equality, Alan Shatter. He took an appeal against a decision of the then commissioner in 2014 with regard to a case that involved the former Deputy, Mick Wallace. He lost in the Circuit Court but appealed to the High Court, which took a different view from that of the Circuit Court. Ultimately costs followed from the judgment of the High Court. His costs were €97,848.

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