All data protection Acts stipulate a variety of sanctions and remedies for breach of their provisions. Provision is usually made for a combination of penalties (fines and/or imprison- ment), compensatory damages and, where applicable, revocation of licences and deregis- tration. Sometimes, strict objective liability for harm is stipulated. Sometimes too allowance is made for the imposition of ongoing enforcement damages during the time in which a data controller fails to comply with the orders of a data protection authority. In many cases, compensation may be awarded for non-economic immaterial injury (emotional distress) as well as economic loss. In a very few cases, allowance is made for class actions to be brought.
|Title of host publication||Enforcing privacy - Regulatory, legal and technological approaches|
|Editors||D. Wright, P. De Hert|
|Number of pages||38|
|Publication status||Published - 2016|
de Hert, P., & Boulet, G. (2016). The co-existence of administrative and criminal law approaches to data protection wrongs. In D. Wright, & P. De Hert (Eds.), Enforcing privacy - Regulatory, legal and technological approaches (Vol. Switzerland, pp. 357-394). Springer Publishers.