Brits can apparently use small claims court to enforce the GDPR. Can anyone confirm or deny this? What about the EU?
Brits can apparently use small claims court to enforce the GDPR. Can anyone confirm or deny this? What about the EU?
I was winging over the fact that the CJEU ruled that victims of GDPR offenses cannot claim their legal costs (particularly the lawyer’s fees) when they win a case, which kills lawsuits as a viable option in most GDPR situations. At the same time, data protection authorities are deadbeats -- not enforcing most cases. So the GDPR is mostly just symbolic for most of us.
A brit said they use the court and it only costs them £30 to file a paper with no need for a lawyer. I’m surprised because that’s even cheaper than typical small claims courts in the US. And the other thing is, small claims courts (in the US) only handle money disputes. A US small claims court can only order someone to pay for damages. If a CCPA case were brought to a small claims court in California, it would be unable to order someone to take an action such as to erase info from a DB.
So I’m curious about this UK option. Do UK small claims courts have the power to order a data controller to erase data? Or would it be a higher court?
To be clear, the brit said they do not get their £30 back (unlike what would happen in a US small claims court). So Brits are still at a loss, but perhaps still worthwhile in some cases.