FAQ

Data Protection FAQ

Can you sue a company for data breach?

 Yes, you can sue a company for data breach. The data protection laws in Ireland and the EU (also known as GDPR) explicitly sate under Article 82 that those who have suffered material or non-material damage as the result of a data privacy breach have the right to seek compensation.

Can I get compensation for a data breach?

Yes, you can recover substantial compensation for data breach, provided you can prove you have suffered actual loss or damage due to the data breach. There are currently no guidelines on how much compensation you can be awarded for a claim under the Data Protection Act.

What do you do after a data breach?

If you have suffered due to a breach of your personal data, you should contact MyCase Solicitors. Our team of specialist data protection solicitors will work diligently to recover compensation on your behalf.

What are the penalties for breaching the Data Protection Act?

While there are substantial penalties for breaching the data protection act this is an issue for prosecution by the data protection commissioner. The penalties do not really concern the subject of the data breach as they are intended as a punishment for the data processor committing the data breach.

What Are Data Controllers & Data Processors?

As defined by the GDPR legislation, data controllers (either alone or jointly with others) are those who determine the purposes and means of the processing of personal data. Data processors are those who process the personal data on behalf of the controllers, in line with the parameters specified by the controllers.

Are Data Protection Claims Usually Successful?

If you have suffered a data breach which can be backed up by clear evidence, then your data protection claim is likely to be successful. Between the introduction of GDPR legislation (May 2018) to May of 2019, there were 6,200 complaints relating to breaches of data protection – the majority of these, 5,800, were deemed to be valid.

How Do I File A Data Protection Complaint?

The process of filing a complaint to the Data Protection Commission (DPC) can be complex. If you believe you have been the victim of a data protection breach, contact MyCase Solicitors and we will handle the rest.

Can I Get An Injunction To Protect My Data?

Yes. In certain cases where it is deemed appropriate, judicial remedy in the form of an injunction may be applied, as outlined in Section 128 of the Data Protection Act 2018.

Are There Online Resources To Check If My Data Has Been Breached?

There are website, such as https://haveibeenpwned.com/ , which can be used to check whether your email has been breached and if your data is vulnerable.

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