Commencement of District Court Jurisdiction to hear Data Protection Claims

Data protection claims can now be heard and determined by the District Court if they fall within its monetary jurisdictional limit of up to €15,000. Section 77 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023 which amended section 117 of the Data Protection Act 2018, adding the District Court as an appropriate court to hear and determine data protection claims, was commenced on 11 January 2024 by S.I. No. 6 of 2024. ¹

This long-awaited development will be welcomed by data controllers given the volume and increasing number of these types of claims. Importantly, from a costs perspective, the level of costs awarded to successful claimants in the District Court will be considerably lower than in the Circuit Court as they will be assessed on the District Court scale. 

The recent Circuit Court decision of Kaminski v. Ballymaguire Foods Limited [2023] IECC 5 (“Kaminski”) (discussed in detail here) which provided helpful guidance in ascertaining exactly what damage will be eligible for compensation under the General Data Protection Regulation 2016/679 (“GDPR”) in Ireland and the level of compensation such claims are likely to attract, indicates that most claims of non-material damage under section 117 of the Data Protection Act 2018 will fall within the jurisdiction of the District Court. 

While Kaminski will undoubtedly be persuasive in terms of the level of compensation data protection claims are likely to attract in the District Court, it remains to be seen whether a consistent approach will emerge in the assessment of data protection claims in future cases decided by the District Court; it will certainly be more difficult to monitor trends in future cases as the District Court does not deliver written decisions. However, it is expected that the determination of a number of preliminary references to the Court of Justice of the European Union concerning Article 82 of the GDPR will provide further guidance on the assessment of non-material damages in data protection claims and may refine the position to be taken by the Irish courts further. 

Interestingly in the Kaminski judgment, the court noted that an independent adjudicative or conciliation resolution process would be a “suitable alternative dispute pathway to resolve data breach assessments”. However, the courts remain the principal avenue for redress for the moment. 

For more information or to discuss any data protection actions concerning your organisation, please contact us.

[1] S.I. No. 6/2024 - Courts and Civil Law (Miscellaneous Provisions) Act 2023 (Section 77) (Commencement) Order 2024.