IS MEDIATION AN EFFECTIVE METHOD TO RESOLVE COMPENSATION CLAIMS IN CASES OF INDIVIDUAL DATA PROTECTION BREACHES?

Abstract

This dissertation aims to study whether mediation is an effective approach to resolve individual compensation in cases of data protection breaches. The core objectives presented by this study are critically: to review the literature and explore the theoretical material to deliver a compensation award by Mediation; to examine relevant cases in which individual data breaches have been resolved and compensation awarded and to analyse the primary and secondary sources. Currently, individual cases of compensation are decided almost entirely by the courts. The hypothesis to be tested is that mediation can be an efficient mechanism for resolving individual compensation, as mediation is now an established alternative to court proceedings. From the qualitative method, it will be evaluated by the collected survey questionnaire. The purpose of the survey is to assess whether the participants in a data protection breach situation will pursue individual compensation via mediation. The findings of this work contribute to research into data protection breaches by explaining the individual compensation through mediation and its effects.