[2024] UKUT 105 (AAC)

Mr Pitt-Payne contended that there was a complete failure on the part of the FTT to address Requirement C6 of the EN, which required Experian to cease processing any personal data where the LIA could not be said to favour the interests of Experian having regard to the transparency of the processing and the intrusive nature of the profiling. He said that this was clearly a live issue for the FTT to resolve. Experian’s grounds of appeal disputed the C6 Requirement, asserting that no basis had been shown for it to amend its current LIAs. The Commissioner defended the requirement and it remained in dispute before the FTT, as shown by [88]-[92] of the Commissioner’s written closing submissions. Mr Pitt-Payne submitted that the FTT had failed to make any express findings in respect of this issue and we could not be confident that it was addressed in the FTT’s global indication at [181] of their decision. Further, as the FTT had found a contravention in respect of the residual cohort, it was apparent that the LIAs required some re-assessment, as the FTT should have appreciated if they had engaged with the LIAs.

Alternatively, if the FTT were to be taken to have reached a conclusion on this aspect of the case in [181] of their decision, Mr Pitt-Payne submitted that they had failed to provide any or any adequate reasons for their conclusion.