First Tier Tribunal substantially overturns ICO Enforcement Notice

Published: February 20, 2023 by Jose Luiz Rossi

Today’s decision by the First Tier Tribunal substantially overturns the ICO’s Enforcement Notice issued against Experian in 2020. It represents a welcome development for the consumers, small businesses and charities across the UK that rely on the services provided by Experian.  The Tribunal found, in contrast to the ICO’s Enforcement Notice, that the vast majority of our practices meet GDPR requirements, including the transparency that we provide consumers through our Credit Reference Agency Information Notice and our Consumer Information Portal. We are very pleased with this outcome.  

We also welcome the clarification concerning the provision of notifications to people whose data we collect solely from public records, who represent a very small percentage of our UK marketing database. We will build this into our processes in accordance with the Tribunal’s time requirement. 

We share the ICO’s goals on the need to provide transparency, maintain privacy and ensure consumers are in control of their data. As we have stated throughout these proceedings, we remain deeply committed to transparency, safeguarding privacy, and helping consumers to better understand and control the use of their data.

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