Article 82 of the Applied GDPR provides for the right to seek compensation and further information is provided in Recital 146.
"Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered."
Compensation can be sought from a controller in accordance with Regulation 125 of the Implementing Regulations, which states that:
- "damage" includes financial loss, distress and other adverse effects; and
- compensation claims are not restricted to contraventions of the Applied GDPR but can be brought for any damage caused by a contravention of any other element of the 'data protection legislation' as defined in regulation 5(1) of the Implementing Regulations.
Seeking compensation does not have affect the exercise of other rights and does not prejudice any other available administrative or non-judicial remedy, including the right to lodge a complaint with the Commissioner.
Compensation can be sought through the courts by the individual or a representative body mandated to act on their behalf. Information about making a civil claim is available from the Isle of Man Courts of Justice. The Commissioner cannot award, or advise on making a claim for, compensation and we strongly recommend that you seek advice from a Manx Advocate prior to commencing any action.
Tynwald Commissioner for Administration
In cases where a claim for compensation is made by an Isle of Man resident against an Isle of Man Government Department, the Tynwald Commissioner for Administration may be able to offer an alternative means for seeking that remedy. More information about the role and function of the Tynwald Commissioner for Administration, together with contact details, can be found at: http://www.tynwald.org.im/about/TCA/Pages/default.aspx