By way of a judgment given in February 2023, the First-Tier Tribunal substantially upheld Experian’s appeal against an enforcement notice which the ICO had issued to Experian in connection with the data processing activities it undertook in the context of providing data services to clients in support of their offline marketing activities. The Upper Tribunal has today dismissed the ICO’s appeal against the FTT’s judgment: you can access a copy of the judgment together with the Upper Tribunal’s press summary here. I won’t comment further on the judgment here other than to say that further more detailed commentary on the Upper Tribunal’s judgment will doubtless follow on Panopticon in due course.

I acted for Experian, leading Robin Hopkins, instructed by Linklaters LLP. The ICO was represented by Tim Pitt-Payne KC, leading Christopher Knight

Anya Proops KC