Oireachtas Joint and Select Committees

Wednesday, 21 June 2017

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of Data Protection Bill 2017: Discussion (Resumed)

9:00 am

Mr. Denis Kelleher:

The only judgment we have on this case is Collins v. FBD. Mr. Collins was a painter whose van was stolen. He made a claim but his insurance company did not pay out. The van eventually showed up and he withdrew his claim. While he was claiming from the insurance company, however, he made a data protection access request which the insurance company ignored. The Circuit Court awarded him damages of €15,000 in respect of that ignored data protection access request. That is a significant amount of money. The case then went to the High Court, which took the view that he was not entitled to non-material damages. He got €15,000 then simply for the failure to process his access request in a situation where he could not show any actual damages because he had got his van back and had withdrawn his insurance claim. The sum of €15,000 for a reward-----