Misconception of Compensation to Data Subjects for Data Breach as Actionable per se
DOI:
https://doi.org/10.66563/7sthpt30Abstract
With the operationalization of the Office of the Data Protection Commissioner into a fully functional entity, comes subsequent rulings/determinations on data privacy cases. Specific determinations on compensation for breach of the Data Protection Act (herein after referred to as the DPA)2 by the Data Commissioner raise great concerns on the conditions to be satisfied in order to be compensated for breach of the DPA.
Throughout this paper, it will be argued that claims for compensation of breach under section 65 of the D.P.A are not actionable per se i.e. attract compensation without plea and proof of damages pursuant to the conditions stipulated by the act itself when awarding compensation for breach of the D.P.A.This paper relies mostly on other jurisdictional interpretations of the D.P.A and in an attempt to illustrate that the compensation under Section 65 is not actionable per se, this paper will propose the standard issues for determination for any claim for compensation under the said section and a standard way of instituting a claim which mandatorily requires pleading for damages as a result for contravention.
At the end of this paper, the author aims to provide the readers with an insight of what is required in order to be compensated for breach of the Data Protection Act.
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