FAQs
Do I have to submit a complaint before I can go to court?
No, at all stages it is open to a data subject to make an application to court under section 117 of the Data Protection Act, 2018. Should an individual decide to pursue such a course of action, it is important to note that the Data Protection Commission (DPC) does not have any role to play in such proceedings; in addition, the DPC will not be in a position to speed up any examination it may be undertaking to accommodate any such court action. Likewise, the court does not require the outcome of the DPC’s examination in order to make their own determination. However, the DPC may have to suspend or conclude its examination if that examination would interfere in any way with parallel court proceedings.
For more information, see our guidance on the supervision of personal data in the courts and certain statutory bodies exercising decision-making functions.