A Data Breach is an incident where information is leaked or stolen. This can be due to a cyber attack by a third party but is more commonly something that happens accidentally. 

Section 117 of the 2008 Act entitles the bringing of a Civil Action  against the Data Controller or Data Processor involved.  

 In a departure from the previous law, the victim is entitled to bring a claim even if they have no actual quantifiable loss. 

The intent of the Data Controller/Processor is not relevant and even an innocent mistake like sending an email to an incorrect address is actionable if it results in a breach of personal data. 

What is needed to bring an Action is to establish that there was a breach of the 2018 Act and the duty of care that exists to each of us, and to show that Damage has resulted which was caused by the breach. 

Claims in relation to Data Breaches which include claims for distress have to go through the Injuries Resolution Board before they will be considered by the Court hearing the Data Breach case. 

If you are a Data Controller/Processor and have failed to handle personal data correctly, or if you are an individual whose data has not been correctly dealt with, we are here to advise. Please contact us here – at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.

Mr Waters, a Barrister, had previously been convicted of assaulting our client at the creche which she owns and operates. Judgement had been given against Mr Waters at an earlier court sitting even though he has always tried to deny liability. He did not attend the recent hearing and the judge was happy to measure damages in his absence. The court heard from our client that she had been struck and headbutted by Mr Waters and suffered serious injuries including to her nose (requiring surgery) and significant psychological difficulties.

This case highlights the significance of pursuing justice in assault cases, even when the accused vehemently denies responsibility. It underscores the message that individuals must be held accountable for their actions, particularly when they cause harm to others.

If you require assistance with similar legal matters, please do not hesitate to contact us at info@mcgrathmullan.ie.