Arkadiusz Kaminski -v- Ballymaguire Foods Limited

• Jurisdiction: Ireland
• Judge: O'Connor, John J.
• Judgment Date: 11 July 2023
• Neutral Citation: [2023] IECC 5
• Case Outcome: Approved
• Decision Date: 30 June 2023
• Docket Number: 2019/04546
• Court: District Court (Ireland)

1

THE CIRCUIT COURT

AN CHÚIRT CHUARDA

[2023] IECC 5

DUBLIN CIRCUIT

COUNTY OF THE CITY

OF DUBLIN

Record No. 2019/04546

Between:

ARKADIUSZ KAMINSKI

PLAINTIFF

AND

BALLYMAGUIRE FOODS LIMITED

DEFENDANT

Judgment of His Honour Judge John O’Connor delivered on the 11th day of July, 2023

1. Introduction

1.1 This case concerns proceedings brought by the Plaintiff pursuant to the provisions of

section 117 of the Data Protection Act 2018 (“the 2018 Act”) alleging a breach of the provisions

of the 2018 Act and/or the General Data Protection Regulation (“GDPR”) on the part of the

Defendant. The Plaintiff seeks damages against the Defendant.

1.2The Defendant denies any breach of the 2018 Act or GDPR occurred in this case. They

submit that the processing of the Plaintiff’s data occurred in accordance with the data protection

policy of the Defendant, which had been previously provided to the Plaintiff. In the alternative

the Defendant submits that even if the court determines that the processing of the Plaintiff’s

data was in breach of the 2018 Act or the GDPR, then in such a case the Plaintiff is not entitled

to recover damages. This is because, in the Defendant’s submission, the non-material damage

claimed by the Plaintiff amounts to no more than mere “upset, anxiety and embarrassment”,

and therefore, compensation is not recoverable for such damages.

2

1.3The questions for the court are as follows:

1.Was the use of the CCTV footage by the Defendant, in a demonstration of work

practice, a breach of the Plaintiff’s personal data, such as to constitute an unlawful

processing under the 2018 Act and GDPR?

2. If the answer to question 1 is yes, did the damage [in this case non-material damage]

go beyond mere upset or displeasure as a result of the infringement of the Plaintiff’s

personal data?

3. If the answer to question 2 is yes, what [if any] compensation is recoverable for such

damages, and how is same to be calculated?

2. Relevant Legislation

The following legislation was referred to:

2.1General Data Protection Regulation (GDPR)

Articles 5.1: Principles relating to processing of personal data

Personal data shall be:

(a)Processed lawfully, fairly and in a transparent manner in relation to the data subject

(‘lawfulness, fairness and transparency);

Article 6: Lawfulness of processing

Processing shall be lawful only if and to the extent that at least one of the following

applies

(a)the data subject has given consent to the processing of his or her personal data for

one or more specific purposes;