Following an eight-month investigation, the Data Protection Commission (DPC) have ruled that individuals do not have an 'absolute right' to have their names spelled with fadas.
Mr Ciarán Ó Cofaigh, who initiated the complaint, sought to rely on Article 16 of the General Data Protection Regulation which provides that individuals have a right to have inaccurate personal data rectified by data controllers without delay. This is known as the 'right to rectification'.
The data controller in this instance, the Health Service Executive, submitted that their current software did not allow them to input fadas or accents over letters, and overhauling the organisation's entire system would be disproportionately costly.
While - as we have written about ad nauseum - the GDPR allows for fines of up to €20m EUR for breaches by commercial bodies, fines are capped at €1m in cases involving public bodies.
For further reading on GDPR enforcement, please see the recent Intellectual Property and IT Law Update, which may be accessed here.