Part II Rights of data subjects and others
13 Compensation for failure to comply with certain requirements.
1
An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
2
An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—
a
the individual also suffers damage by reason of the contravention, or
b
the contravention relates to the processing of personal data for the special purposes.
3
In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.