The Experian judgment: Lessons when challenging ICO decisions
The Tribunal decision on the Experian appeal case has wider implications for the marketing community in the UK. By Richard Cumbley, Ben Packer and Peter Church of Linklaters.
The First Tier Tribunal’s judgment in Experian v Information Commissioner EA/2020/0101(1) marks the end of a more than four year long process (commenced by the previous Commissioner) and one of the most significant UK data protection appeals to date. We set out the issues to consider before challenging regulatory decisions by the Information Commissioner.
The appeal arose out of an audit conducted on Experian’s marketing services business (not its credit reference business) in 2018, which resulted in an Enforcement Notice in 2020. The marketing services business does not generally deal directly with individuals and so relies on third parties to notify them of its processing. In broad terms, the judgment considers four issues:
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