69. Liability for damage

69.—

1. An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

2. An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation, from the data controller, for that distress if—

(a) the individual also suffers damage by reason of the contravention; or

(b) the contravention relates to the processing of personal data for the special purposes.

3. In proceedings brought against a person by virtue of this section, it is a defence to prove that the person took all such care in all the circumstances as was reasonably required to comply with the requirement concerned.