Context
The First-Tier Tribunal (Information Rights) has ruled on the ICO’s action to require Experian Limited to change how it handles people’s personal data. The Judgment supported aspects of the ICO’s decision, while allowing Experian’s appeal in other areas.
Key points to note
The Tribunal found, in support of the ICO, that Experian had not processed the personal data of over 5 million individuals transparently, fairly or lawfully because it failed to notify them that it was processing their data for direct marketing purposes. However, it rejected the ICO’s view that Experian’s privacy notice was not transparent, that using credit reference data for direct marketing purposes was unfair, or that Experian did not properly assess its lawful basis.
Stephen Bonner, ICO Deputy Commissioner, stated “The credit reference agency industry holds data on almost every adult in the UK. Information is screened, traded, profiled and enhanced to provide direct marketing services, and that process must happen in line with the law and in an open and honest way.”
Next actions
None – for information and awareness