The Data Protection Act, 2020

Part VIIMiscellaneous and General

Section 69. Liability for damage

This text is reproduced from the Act for reference and is being proofread against the official publication. For authoritative wording, consult the official Data Protection Act, 2020.

69.—(1) An individual who suffers damage by reason of any

damage. —_—_ contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

(2) An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation, from the data controller, for that distress if—

(a) the individual also suffers damage by reason of the con- travention; or

(b) the contravention relates to the processing of personal data for the special purposes.

(3) Inproceedings brought against a person by virtue of this section, it is a defence to prove that the person took all such care in all the circumstances as was reasonably required to comply with the requirement concerned.

Appeals.

Source: Data Protection Act, 2020, p.90.