GDPR Non-Material Damages Claims In Ireland: Procedure Clarified, Expectations Lowered

What You Need to Know

The Irish Supreme Court¹ has clarified that data breach claims for damages consisting solely of "distress, upset, and anxiety", but short of a medically recognised psychiatric injury ("distress-only GDPR claims"), are not personal injuries and so fall outside the statutory personal injury assessment scheme. Instead, claimants seeking damages for such injuries may pursue their claims directly through the courts system.

However, the court observed that such claimants cannot expect anything other than "very, very modest awards".

The decision provides welcome clarity for organisations and inpiduals on the appropriate procedural route for such data breach compensation claims and the modest quantum of damages likely to be recoverable.