okay in this video I wanna take a look over what happens when your data
protection rates are reached many times employees contact me alleging that their
employment rights in respect of data protection have been breached this video
I'm going to take a look at what are the remedies for you as an employee and are
you entitled to compensation okay examples of data protection breaches
would be that there has been no response to a data protection request that you've
made from the employer so you're entitled to make a data protection
request from your employer he's supposed to or she's supposed to give you all the
records and notes about you either an electronic or paper form if there's been
no response within the time frame I think there's around forty days then
done is a data protection breach there has been a response but it has been
inadequate in other words you know that it's not everything that they have on
file on you then that could be a data protection breach as well also they
could be guilty of withholding information incorrectly by taming an
exemption there are some exemptions for the employer to withhold information or
for the data controller to withhold information there are some exemptions
but they may be using an exemption or making up an exemption incorrectly or
wrongly and other problems then that camera is in relation to data protection
for example perhaps request you've made to have a particular record amended and
corrected and they haven't done so so are you entitled to compensation if your
complaint is upheld the Data Protection Commissioner will seek to ensure
compliance with his finding and it can make a legal order concerning the issue
so you will essentially issue a notice to the data controller saying that
you're in breach of this person starting rotation rights and to remedy the
situation if the data controller fails to remedy the problem remedy the
situation in a with the note from the data invitation
Commissioner then the Data Protection Commissioner can go to court and seek an
order against the employer essentially prosecute the employer what about
damages to or compensation clearly if the Data Protection goes to Commissioner
goes to court and gets some sort of a penalty against the employer that will
give you a certain element perhaps of satisfaction it may not even be an
employer but whoever the data controller is however are you entitled to damages a
compensation for the breach well the Data Protection Act of 1988 in
Section 7 sets out that data controllers and data processors all a duty of care
to data subjects so if you were an employee for example in the workplace
then your data subject to the High Court decision in 2013 involving a man called
mr. Collins versus FBD insurance it provides clarity in this area mr. Karnes
data protection rights were breached by FPD he brought a case for damages to the
Circuit Court and he was rewarded 15 damaged fifteen thousand euros in
damages for the civil wrong or the tort that occurred as a result of the breach
or by the breach of his data protection rights FBD then appealed this ruling to
the High Court and the High Court found that the data subject must prove three
things one that there has been a breach of the Data Protection Act and the duty
of care contained in section 7 so it's not enough that the Data Protection Act
has been breached the duty of care in section 7 must have been breached number
2 that damage has resulted from the breach and number 3 that the breach has
caused damage or loss if you cannot prove these readings you will not be
entitled to damages or compensation and in this situation the High Court
overturned a certain Court decision but it did make clear that these three
things needed to be proved in order to win any compensation or damage
for data protection so if you're a data subject on the data controller or data
manager has breached your employment or your data protection rates then it's
wanting to how a decision upheld are made by the data protection Commissioner
to confirm that your data protection rights have been breached
however it's entirely another matter to get damages or compensation first so you
may well consider going down the road clearly you may well want to uphold your
data protection rights but you do need to be aware that at the end of the day
the data protection information or a can to all intents and purposes give the
data controller a rap over the knuckles but it's not going to put any money into
your pocket my name is Terry Lawrie I'm uh solicitor and enfili trying to
meet if you like this video if you find it useful you might just give it a
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