A recent English High Court decision suggests that compensation for emotional distress may be awarded in cases where a complainant can also demonstrate financial loss, even if nominal. In AB v Ministry of Justice, the claimant established that breach of his data subject access rights caused a nominal financial loss of £1, which was sufficient to trigger the jurisdiction to award compensation for distress. Damages of £2,250 were awarded. The ruling appears to extend significantly the potential availability of compensation for nonfinancial loss.
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