Circuit Court Dismisses Non-material Loss Claim

On 5 December 2025, the Circuit Court in Walsh v Irish Prison Service [2025] IECC 8, delivered  another significant decision concerning compensation for non-material damage under the GDPR in Ireland.

The court applied the guidelines set out in Kaminski v Ballymaguire Foods [2023] IECC 5 (discussed previously here) and dismissed the plaintiff’s claim on the basis that the plaintiff had suffered no more than “mere upset”.

The decision will be welcomed by defendant data controllers and processors faced with claims under section 117 of the Data Protection Act 2018 and Article 82 GDPR, as it provides further clarity on when compensation will be payable. It also importantly, confirms that damages are not recoverable in every case where there has been a data breach, even where such a breach is admitted.