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ARTICLE · 07 AUGUST 2025

Supreme Court Opens The Door To More Data Breach Claims

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It overturned the High Court decision, holding that non-material loss claims in respect of distress, upset, anxiety and inconvenience are not in the nature of personal injuries and therefore do not require authorisation from the Injuries Resolution Board prior to commencing proceedings.

IrelandPrivacy
Davinia Brennan
Davinia Brennan
Connor Cassidy
Connor Cassidy
Sadhbh Walsh
Sadhbh Walsh
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On 24 July 2025, the Supreme Court delivered its highly anticipated judgment in Dillon v Irish Life Assurance PLC [2025] IESC 37. It overturned the High Court decision, holding that non-material loss claims in respect of distress, upset, anxiety and inconvenience are not in the nature of personal injuries and therefore do not require authorisation from the Injuries Resolution Board prior to commencing proceedings.

This decision is a significant one for controllers and processors faced with non-material loss claims under the GDPR and Data Protection Act 2018, removing what was previously a procedural hurdle for plaintiffs, and making it more straight-forward to now bring such claims. Its ramifications are also potentially significant in the context of Ireland's collective redress scheme.

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