Module 10: 3.00 – 4.30pm (1.5 Regulatory / Management / General CPD Points)
Tuesday 3rd December 2019 = Seminar 10(a) in the Postal Booking Form
Tuesday 10th December 2019 = Seminar 10(b) in the Postal Booking Form
GDPR & The Data Protection Act, 2018
‘Their Impact On Litigation’
The result of the changes brought about by the GDPR and those contained in the 2018 legislation could include:
- an expansion in the type of damage which is recoverable in a case of a data breach, to include distress, anxiety and loss of reputation;
- an increase in litigation by individuals seeking damages for breach of their data rights against companies and organisations;
- increased use of claims for breach of data rights as part of other actions– e.g. personal injury actions; debt recovery; employment;
- group litigation on behalf of large numbers of individuals in cases of large data breach;
- increased use of data access requests by individuals involved in litigation.
This talk focuses on the above issues, as well as exploring answers to questions including:
- How are the Courts likely to interpret the new right to compensation for “non-material damage”, in the light of the new legislation as well as case-law?
- What quantum of awards of damages might be expected for different types damage caused by breach of data rights?
- How is the new right of NGOs to bring litigation on behalf of data subjects likely to work? Are we looking at a form of class-action which could a large data breach an extremely expensive event for a company/organisation?
- What do we know about the procedural rules that will apply to data protection actions?
Conor Quinn BL is a civil and commercial Barrister. He previously served as Special Adviser to the Minister for Jobs, Enterprise and Innovation and the Minister for Education and Skills, serving as both head of policy and programme implementation and as head of communications/press spokesperson.