A factory supervisor has secured €2,000 damages against his employer after CCTV footage of him was used in a training video and he was mocked by co-workers as a result.
CCTV footage used in training video
The factory supervisor, Arkadiusz Kaminski, claimed that CCTV footage of him undertaking a task in work incorrectly had been used by his employer in a training video. The first he heard that his image was being used in this manner was when colleagues began mocking him after having attended the training. He stated that this caused him upset, anxiety and embarrassment.
He brought proceedings against his employer for damages under the Data Protection Act 2018, claiming compensation for non-material damage. Such claims cannot be brought in the District Court.
Circuit Court hearing
The matter was heard by Judge John O’Connor. The employer claimed that this amounted to ‘mere upset’ such that compensation would not follow.
Mr Kaminski submitted that he was having trouble sleeping and his authority as a supervisor in the workplace had been undermined.
Judge O’Connor first determined that there had been a breach of Mr Kaminski personal data rights. He was identifiable from the footage. Although the training video had been stored on a database accessible without password, it had not been accessed by any unauthorised persons. The judge was satisfied that there were no long-term effects on Mr Kaminski arising from the incident. The employer had taken steps to update its data protection policy to reflect that such footage would not be used into the future.
Mr Kaminski was awarded a sum of €2,000 for the breaches of his personal data rights. The judge was satisfied that the non-material damage suffered by Mr Kaminski went beyond mere upset, such that it should attract an award of compensation.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
