High Court awards an employee €25,000 for negligent infliction of emotional distress, on the grounds that the defendant had knowingly decided not to comply with its legal obligation to remove a private investigation report from her file, either in 2015, when it complied with the plaintiff’s data access request, or in 2016, when it complied with her solicitor’s data access request.
High Court - personal injuries - claim for damages for personal injury sustained in the course of employment - plaintiff claimed she suffered a psychiatric injury in April 2016 because of the presence on her personal file of a confidential investigation carried out at the request of the defendant - Safety Health and Welfare at Work Acts 1989-2005 - defendant ought to have taken steps to remove the report from the file and to notify the plaintiff that it had done so - defendant should have been taken to have known that it was under a legal obligation not to hold data for longer than was necessary for the specified purpose for which it had been obtained - plaintiff's failure to invoke the specific remedies provided by the Data Protection Acts constituted contributory negligence of the highest order - court not persuaded that the plaintiff suffered a psychiatric injury in 2016 - evidence did establish that the defendant knowingly decided not to comply with its obligation to remove the private investigation report - approach of defendant was cynical - plaintiff was entitled to be compensated for the wrong perpetrated by the defendant which caused her emotional distress - court considered it appropriate to compensate the plaintiff for her emotional distress for a period of one year following the disclosure of the presence of the report on her file.