In M.H. v Child and Family Agency, a 2023 ex
tempore judgment , the Circuit Court (Court)
awarded the plaintiff €7,500 for non-material damages under
the General Data Protection Regulation
(GDPR).
The case concerned a personal data breach claim against the
government agency, Tusla. The plaintiff instituted proceedings for
damages arising from a personal data breach caused by the
negligence and breach of duty on the defendant's part. The
personal data included the plaintiff's highly sensitive and
confidential data, which was processed and circulated by the
defendant to a third party without the plaintiff's
consent.
Unlawful Disclosure to a Third Party
The personal data, which was the subject of the breach, related
to abuse suffered by the plaintiff during her childhood. The
defendant accepted that a personal data breach occurred and that
sensitive information was released to the person, the subject of
the abuse allegations, and other family members of the