Effective Redress of Grievance in Data Protection: An Illusion?

Abstract

This article questions whether the current data protection legislative framework in the EU to provide effective redress of grievance for those who are affected by a breach of data protection law. It considers the extent to which the principle of effective judicial protection is satisfied where judicial redress is sought and also considers whether supervisory authorities are able to grant adequate administrative redress. In undertaking this analysis the article seeks to demonstrate that there are a number of areas where judicial protection is uncertain. There is a lack of consistency in the award of compensation, particularly in cases of non-pecuniary loss and some uncertainty as to what an ‘effective remedy’ might be in some data protection cases. Furthermore, substantial procedural differences exist between Member States for those seeking to bring data protection cases before national courts resulting in a situation where the conditions of access to judicial remedy are uneven.