Keane v Central Statistics Office (Approved) [2023] IECC 7 (30 June 2023)

Keane v Central Statistics Office (Approved) [2023] IECC 7 (30 June 2023)

The plaintiff's claim is a 'civil action' within the meaning of the PIAB Act 2003, as the principal remedy sought is damages for personal injuries. Failure to apply to PIAB for assessment of the claim is fatal to the personal injuries aspect of the claim, and the defendant's plea on this point prevails. The proceedings remain extant only for such other damages, if any, as may be awardable for the data breach.

Citation
[2023] IECC 7
Parties
Plaintiff: Siobhan Keane; Defendant: Central Statistics Office
Jurisdiction
Ireland
Judgment Date
30 June 2023
Procedural Posture
Civil Bill / Ruling on Preliminary Issue Regarding Requirement for PIAB Authorisation
Outcome
Plaintiff's claim for personal injuries is not maintainable due to failure to obtain PIAB authorisation; proceedings remain extant only for other potential damages.
Legal Topics
Personal Injuries Assessment Board (piab), Data Breach, Breach of Confidence, Breach of Privacy Rights, Breach of Data Protection Rights, Jurisdiction, Statutory Interpretation
Data Protection Tort Law Privacy Law Civil Procedure Personal Injuries Assessment Board (piab) Data Breach Breach of Confidence Breach of Privacy Rights +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Siobhan Keane

Plaintiff

Central Statistics Office

Defendant

Procedural Posture

Civil Bill / Ruling on Preliminary Issue Regarding Requirement for PIAB Authorisation

Legal Issues

  1. 1 Whether the plaintiff's claim constitutes a 'civil action' for personal injuries under the PIAB Act 2003 requiring PIAB authorisation
  2. 2 Whether the pleaded causes of action (breach of confidence, privacy, data protection) escape the PIAB regime
  3. 3 Effect of failure to obtain PIAB authorisation on the plaintiff's claim

Ratio Decidendi

The plaintiff's claim is a 'civil action' within the meaning of the PIAB Act 2003, as the principal remedy sought is damages for personal injuries. Failure to apply to PIAB for assessment of the claim is fatal to the personal injuries aspect of the claim, and the defendant's plea on this point prevails. The proceedings remain extant only for such other damages, if any, as may be awardable for the data breach.

Court Disposition

Plaintiff's claim for personal injuries is not maintainable due to failure to obtain PIAB authorisation; proceedings remain extant only for other potential damages.