Collins -v- FBD Insurance Plc [2013] IEHC 137 (14 March 2013)

Collins -v- FBD Insurance Plc [2013] IEHC 137 (14 March 2013)

Section 7 of the Data Protection Acts does not provide for strict liability or automatic compensation; a claimant must prove that damage or loss was suffered as a result of the breach to recover damages. As the plaintiff failed to prove any such damage, no damages are recoverable.

Citation
[2013] IEHC 137
Parties
Plaintiff/respondent: Michael Collins; Defendant/appellant: FBD Insurance Plc
Jurisdiction
Ireland
Judgment Date
14 March 2013
Procedural Posture
Civil Appeal / High Court Appeal From Circuit Court
Outcome
Appeal allowed; Circuit Court order vacated; no damages awarded to plaintiff.
Legal Topics
Damages for Breach of Statutory Duty, Data Controller Liability, Duty of Care Under Data Protection Acts, Requirement of Proof of Damage, Implementation of EU Directive 95/46/ec
Data Protection Tort Law Statutory Interpretation Damages for Breach of Statutory Duty Data Controller Liability Duty of Care Under Data Protection Acts Requirement of Proof of Damage Implementation of EU Directive 95/46/ec

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Parties

Michael Collins

Plaintiff/respondent

FBD Insurance Plc

Defendant/appellant

Procedural Posture

Civil Appeal / High Court Appeal From Circuit Court

Legal Issues

  1. 1 Whether general damages are recoverable under s. 7 of the Data Protection Acts 1988/2003 without proof of actual loss or damage
  2. 2 Whether s. 7 of the Data Protection Acts imposes strict liability or requires proof of damage for compensation

Ratio Decidendi

Section 7 of the Data Protection Acts does not provide for strict liability or automatic compensation; a claimant must prove that damage or loss was suffered as a result of the breach to recover damages. As the plaintiff failed to prove any such damage, no damages are recoverable.

Court Disposition

Appeal allowed; Circuit Court order vacated; no damages awarded to plaintiff.

Orders

  • Circuit Court order awarding €15,000 damages to plaintiff set aside
  • No damages to be paid to plaintiff