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ARTICLE · 07 AUGUST 2025

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"Very, Very Modest Awards": GDPR & Personal Injury Claims

William Fry LLP
William Fry LLP
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William Fry LLP

William Fry LLP

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In this case, the issue was whether an authorisation from the Personal Injuries Assessment Board (PIAB), now the Personal Injuries Resolution Board, is required when a plaintiff claims...

IrelandLitigation, Mediation & Arbitration
Rachel Hayes
Rachel Hayes
Mary Cooney
Mary Cooney
Adele Hall
Adele Hall
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On 24 July 2025, the Irish Supreme Court (Court) issued an important decision in the case of Dillon v Irish Life Assurance Plc [2025] IESC 37 that clarifies the legal treatment of non-material damages, such as emotional distress, arising from data breaches.

In this case, the issue was whether an authorisation from the Personal Injuries Assessment Board (PIAB), now the Personal Injuries Resolution Board, is required when a plaintiff claims non-material damages arising from a data breach. This depends on how the right to compensation for non-material damage under Article 82 of the GDPR and section 117 of the Data Protection Act 2018 interacts with the Personal Injuries Resolution Board Acts 2003 to 2022 (PIAB Act).

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