Date-stamp loading
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 11 January 2024 - onwards
  Version 3 of 3    

117. Judicial remedy for infringement of relevant enactment

(1) Subject to subsection (9), and without prejudice to any other remedy available to him or her, including his or her right to lodge a complaint, a data subject may, where he or she considers that his or her rights under a relevant enactment have been infringed as a result of the processing of his or her personal data in a manner that fails to comply with a relevant enactment, bring an action (in this section referred to as a "data protection action") against the controller or processor concerned.

(2) A data protection action shall be deemed, for the purposes of every enactment and rule of law, to be an action founded on tort.

(3) The District Court shall, subject to subsections 5A and 6A, and the Circuit Court shall, subject to subsections (5) and (6), concurrently with the High Court, have jurisdiction to hear and determine data protection actions.

(4) The court hearing a data protection action shall have the power to grant to the plaintiff one or more than one of the following reli

Comparing proposed amendment...