Data Subject Access Requests (DSAR) on the rise and data protection litigation increases.
A poll conducted by William Fry at a Cork CounselConnect event today found that 96% of in-house lawyers in Munster believe their organisation is prepared to handle a DSAR.
The event, which took place in William Fry’s Cork office, brought together in-house counsel to discuss navigating the legal landscape of DSARs, data protection actions and penalisation claims. The poll also highlighted that 78% of attendees had received a DSAR from an employee or a customer in the last 12 months.
A DSAR allows individuals to request access to their personal data being processed by an organisation under the GDPR regime. This right of access to personal data can be exercised easily and periodically to ensure that data processing complies with the law.
The panel discussion was moderated by Gail Nohilly, a Knowledge Lawyer and Consultant in William Fry’s Litigation & Investigations Department. Experts from William Fry, including Jenny Martin, Senior Associate in the Employment & Benefits team, and Adele Hall, Senior Associate in the Litigation & Investigations team, highlighted that data protection issues will continue to arise in the context of employment disputes. They stressed the importance of employers establishing strong data protection policies, ensuring high levels of compliance with data protection legislation, and seeking expert legal advice when necessary.
The topic is particularly relevant due to recent court rulings which have clarified the interpretation of compensation rights under GDPR and the Data Protection Act, the conferral on the District Court of jurisdiction to hear data protection actions, and the expanded scope of the protected disclosures regime.
Adele Hall explained an employer’s obligations in complying with DSARs and the importance of robust compliance and incident response protocols for organisations should data breaches occur. Jenny Martin added that it is crucial to identify potentially relevant data sources at an early stage and the importance of correctly balancing data protection and employment law obligations.
The panel also addressed the financial risks for employers dealing with data protection actions or penalisation claims and provided insights into the potential costs and compensation levels, emphasising the need for proactive measures to mitigate risks.
Jenny said, “Data protection actions and penalisation claims are two growth areas of litigation and increasingly arise in employment disputes. As such, these pose a heightened risk for employers but being aware of them in advance of any employment dispute mitigates the risks they pose.”
Adele added, “The insights shared today underscore the need for organisations to be proactive in their data protection strategies. By establishing robust policies and ensuring comprehensive employee training, companies can better navigate the complexities of data protection actions and mitigate potential risks should an organisation experience a data breach.”
About CounselConnect
CounselConnect is William Fry’s long-standing education programme. It provides lawyers working in-house and in the public sector with up-to-date and relevant legal information and helps them meet their CPD requirements. The firm has over 200 members of its CounselConnect programme in the Cork region, of whom over 35 attended the event in Cork.
