Update: Data Protection Claims Can Now be Brought in the District Court

1–2 minutes

Written by Deirdre Miller

Section 77 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023 was commenced on 11 January 2024. The relevant District Court rules were amended to reflect this change on 17 January 2024. Section 77 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023 amends section 117 of the Data Protection Act 2018 by extending the jurisdiction to hear data protection claims to the District Court.

The monetary jurisdiction of the District Court is €15,000, this means the court can hear claims seeking an award of damages up to this level. The extension of jurisdiction to the District Court is a welcome development, particularly in respect of claims for non-material damage. The recent Circuit Court decision in Kaminski v. Ballymaguire Foods Limited [2023] IECC 5 saw the successful applicant receive an award of damages of €2,000, which is within the monetary jurisdiction of the District Court. However, because the claim was brought in the Circuit Court (prior to the above amendment), the legal costs were considerably higher. District Court rules dealing with costs were updated last year and provide clarity on the costs associated with bringing claims. The lower costs associated with data protection claims brought in the District Court will be welcomed by insured and self-insured defendants.

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