IS MEDIATION AN EFFECTIVE METHOD TO RESOLVE COMPENSATION CLAIMS IN CASES OF INDIVIDUAL DATA PROTECTION BREACHES?
IS MEDIATION AN EFFECTIVE METHOD TO RESOLVE COMPENSATION CLAIMS IN CASES OF INDIVIDUAL DATA PROTECTION BREACHES?
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Date
2020
Authors
Debora de Cassia Machado
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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.
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Machado, 2020