E61 The Fifth Court

Hosts Peter Leonard BL and Mark Tottenham BL have a wide ranging discussion with outgoing Data Protection Commissioner, Helen Dixon, about all things data protection, including the newest redress arising out of the 2018 GDPR Act, that allows for 'non material damage'.

Amongst many insights she gives she says that there is excessive citing of GDPR by companies and organisations regarding access to data. Her office regulates most of the Big Name tech companies due to having their 'control around decision making' in Ireland (regardless of where the bulk of their business is done). She says her office has imposed billions of Euro in fines, though due to legal appeals only some tens of millions of Euro has been collected so far (that money goes to Ireland's central exchequer). Helen ends her ten years tenure as Commissioner soon and will shortly join Comreg as one of of three commissioners.

Her book recommendation is The Kidnapping (about the kidnapping of Don Tidey)

Her movie choice is 'Patrick a young Traveller lost'. (RTE Player)

The hosts also look at three cases from the Decisis.ie casebook including:

• A case involving 'an expression of doubt' in a tax case that was referred to as a 'questionable tax avoidance mechanism'.
• A 'delay case' in a claim against an architect that went right back to 2012.
• A case involving an expert witness on 'monkey bars' in a children's playground, and an expert report that was not produced in court.

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