[2024] UKUT 105 (AAC)

We turn to the approach that the FTT did adopt. They plainly addressed the impact of the processing in some detail at [152]-[160] of their decision, finding that the worst outcome of Experian’s processing was that an individual is likely to get a marketing leaflet that is more aligned to their interests, rather than irrelevant material. Mr Pitt-Payne does not challenge this finding. As we explain in the next paragraph, we consider that the FTT also had regard to the nature of the data and to Experian’s processing.

The FTT were clearly alive to the significance of the nature of the data, as shown by [121] of their decision. Furthermore, the FTT went on to find in terms at [145] that the modelled data points used by Experian were less intrusive than the processing of actual data. In light of this finding, the number of modelled data points used by Experian was not of particular significance. In any event, the FTT were clearly aware of the scale of this and that 370 modelled points were used, as they said this in terms at [144]. In addition the FTT found at [153], and were entitled to take into account, that the Information Commissioner had not properly appreciated the limited extent to which the CRA derived data was used. The FTT also made findings at [157] as to the limited number of attributes derived from the data that were provided to Experian’s clients and, in the same paragraph, as to the controls operated by Experian. None of these findings are challenged or could be challenged before us. Accordingly, we reject the contention that the FTT failed to have regard to the intrinsic nature of Experian’s processing.