A recent judgement in the Dublin Circuit Court in the matter of M.H. v the Child and Family Agency provides further insight on the assessment of claims for non-material damage concerning breaches of data under GDPR.

 

Facts of the case

The case was brought against the Child and Family Agency for an unlawful disclosure of the Plaintiff’s data. It was the Plaintiff’s case that the Defendant circulated sensitive and confidential data to the Plaintiff’s brother, which related to childhood abuse suffered by the Plaintiff. Of note, the Plaintiff’s brother had been the subject of the report of childhood abuse made by the Plaintiff. Following disclosure of this information to the Plaintiff’s brother, her other siblings and family members also learned of the incident. The Plaintiff gave evidence to the Court that this data breach has damaged familial relationships and caused her extreme distress.  As a result, the Plaintiff is in long term treatment for mental health difficulties.

 

Verdict of the case

The Court accepted the Plaintiff’s evidence, without supporting medical reports, and was satisfied that there was a link between the damages claimed and the data infringement. The Court reiterated that a GDPR breach does not automatically warrant damages, however the data subject in this case had been retraumatised through the actions of the data controller, establishing a causal link between the breach and damage sustained.

The Court classified the data breach as ‘serious in nature’ and was not a case of ‘mere upset.’ In valuing the claim, the Court highlighted the controller’s role in handling sensitive data and the high level trust required. Reliance was also placed in the guidelines set out in the case of Kaminski v Ballymaguire Foods Limited [2023] IECC 5 and ultimately, the Court awarded damages in the sum of £7,500.

 

Whilst the precise value trajectory of future claims for non-material damage is difficult to predict, this judgement provides helpful guidance for how cases concerning breaches at “the serious end of the scale” will be valued by Irish Courts.

 

For legal guidance and advice regarding medical negligence, please contact Kevin Hegarty or any member of our Healthcare team.

While great care has been taken in the preparation of the content of this article, it does not purport to be a comprehensive statement of the relevant law and full professional advice should be taken before any action is taken in reliance on any item covered.