Concluding observations on Ground 1
Concluding observations on Ground 1
It therefore follows that we reject each of the alleged errors of law that the Information Commissioner advanced in respect of Ground 1. The FTT’s decision is neither well-structured nor well-reasoned, but for the reasons that we have identified, we are satisfied that applying the approach that the appellate authorities require us to take, there was no error of law in the FTT’s approach to these aspects of transparency. To a significant degree the points made to us by Mr Pitt-Payne were simply an attempt to take issue with the FTT’s evaluative assessments and to re-argue a case that was unsuccessful below. Insofar as Mr Pitt-Payne suggested that we should approach the Ground 1 errors cumulatively, the submission has no traction as we have not accepted that any of the alleged errors were made. However, we confirm that we kept in mind the full picture of the alleged errors when reaching our conclusions in respect of Ground 1.
- Heading
- THE HON. MRS JUSTICE HEATHER WILLIAMS DBE
- Hearing dates: 6-8 February 2024
- The structure of the Upper Tribunal’s decision
- Abbreviations
- Glossary
- The nature of Experian’s data processing
- The Information Commissioner’s Enforcement Notice
- Experian’s appeal to the First-tier Tribunal
- The Information Commissioner’s case before the First-tier Tribunal
- The hearing before the First-tier Tribunal
- The First-tier Tribunal’s decision
- The First-tier Tribunal’s findings
- The First-tier Tribunal’s conclusions
- The Substituted Enforcement Notice
- The Information Commissioner’s grounds of appeal to the Upper Tribunal
- The legal framework
- The Upper Tribunal’s “error of law” jurisdiction
- Adequacy of reasons
- Enforcement notices and appeals against them
- Recitals to the GDPR
- Proportionality
- The European Data Protection Board: decisions and guidelines
- Summary of relevant aspects of the transparency principle in the GDPR
- The parties’ overarching submissions
- Ground 1
- Experian’s submissions
- Alleged overarching errors: discussion and conclusions
- Alleged failure to address Article 5(1)(a) GDPR
- Alleged failure to identify the applicable standard of transparency
- The nature of the processing
- Relevance of the reasonable expectations of data subjects
- Alleged specific errors: discussion and conclusions
- Use of hyperlinks to the CIP
- Suggestion that people do not care about what happens to their data
- How the FTT addressed the reasonable expectations of data subjects
- Concluding observations on Ground 1
- Ground 2
- Experian’s submissions
- Alleged overarching error: discussion and conclusion
- Alleged specific errors: discussion and conclusions
- Article 14(5)(a) and whether the data subject already “has” the information
- The route from the third party suppliers to the CIP
- Article 14(5)(b)
- Concluding observations on Ground 2
- Ground 3
- Experian’s submissions
- Discussion and conclusions
- Ground 5
- Experian’s submissions
- Discussion and conclusions
- Conclusions
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