Data Protection Act 2018

• Permanent Page URL

Liability for loss occurring before establishment day

64. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the establishment day of any of the functions of the Data Protection Commissioner shall after that day, lie against the Commission and not against the Data Protection Commissioner.

(2) Any legal proceedings pending immediately before the establishment day to which the Data Protection Commissioner is a party, shall be continued, with the substitution in the proceedings of the Commission for the Data Protection Commissioner.

(3) Where, before the establishment day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against the Data Protection Commissioner, be enforceable against the Commission and not the Data Protection Commissioner.

(4) Any claim made or proper to be made by the Data Protection Commissioner in respect of any loss or injury arising from the act or default of any person before the establishment day shall be regarded as having been made by or proper to be made by the Commission and may be pursued and sued for by the Commission as if the loss or injury had been suffered by the Commission.