61.According to the 6th Respondent, the question then becomes whether this case presents diametrically opposed positions necessitating evidentiary analysis. It is submitted that it does not, since the following facts are not in dispute: (a) the 1 st to 5th Respondents jointly and/or severally collected and/or processed biometric data; (b) the 1st to 5th Respondents failed to undertake a Data Protection Impact Assessment (DPIA) deemed adequate by the Office of the Data Protection Commissioner (ODPC), in contravention of Section 31 of the Data Protection Act, 2019; and (c) the 1st to 5th Respondents jointly and/or severally offered cryptocurrency to data subjects as a precondition to collecting their iris scans. 62.On the question of the exhaustion doctrine, it is submitted that there was no competent tribunal to hear and determine the Applicants’ complaints at first instance before moving to this Court because, while the 6th Respondent exercises quasi-judicial authority in handling complaints about privacy violations, its jurisdiction is limited to data subjects being natural persons acting on their own behalf. 63. The 6th respondent submitted that Section 8(f) of the Data Protection Act empowers the ODPC to receive and investigate any complaint regarding rights infringement under the Act but that, Section 56 of the same Act stipulates that only an aggrieved natural person or their authorised representative under Regulation 4(3) of the Data Protection (Complaints Handling Procedures and Page 24 of 84

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