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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 25 May 2018 - onwards
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128. Judicial remedy for infringement of relevant provision

(1) Subject to subsection (8), and without prejudice to any other remedy available to him or her, including his or her right under section 119 to lodge a complaint, a data subject may, where he or she considers that his or her rights under a relevant provision 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 provision, 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 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 reliefs:

(a) relief by way of injunction or declar

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