EQUIFAX IBERICA S.L. – Court Ruling (Spain, 2021)

Court Ruling
Agencia Española de Protección de Datos2 July 2021Spain
final
Court Ruling

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

Spain's National High Court upheld a fine against Equifax for not properly blocking credit data. Equifax failed to stop processing data for 30 days as required by law, making their data use illegal. This case highlights the importance of following data protection rules to avoid penalties.

What happened

Equifax processed credit data without blocking it for 30 days, violating data protection laws.

Who was affected

Individuals whose credit data was processed by Equifax without the required 30-day block.

What the authority found

The court confirmed that Equifax unlawfully processed data by failing to block it, upholding the fine as justified under GDPR.

Why this matters

This ruling emphasizes the need for companies to comply with data blocking requirements to avoid legal issues. It serves as a reminder to businesses to ensure their data processing practices align with current laws.

GDPR Articles Cited

Art. 6(1)(f) GDPR
Art. 83(5) GDPR
Decision AuthorityAN
Reviewed AuthorityAEPD (Spain)
Full Legal Summary
Detailed

In its decision AEPD - PS/00451/2019, the Spanish DPA (AEPD) fined Equifax, a credit agency, €75,000 for unlawful processing of data. Equifax appealed this decision with the Spanish National High Court (Audiencia Nacional, "AN"). The court declared that the decision issued by the AEPD, since the DPA had carried out a correct interpretation of the GDPR and the [https://www.boe.es/buscar/act.php?id=BOE-A-2018-16673 Spanish Data Protection Act]. Since the controller had failed to block the data included in the credit file for 30 days, as the Data Protection Act requires, the controller was processing the data unlawfully, and could therefore not rely on any legal basis. Additionally, the court noted that the controller had alleged that, since the Data Protection Act had entered recently into force, they had not been able to implement a proper blocking system, and they did not have the means at the time to block the data; so the controller had acknowledged that they had not carried out the blockage. The court also remarked that the fine was proportional, since the DPA had taken into account the circumstances of the case and had imposed a proportionate and justified fine, in accordance with Article 83(5) GDPR.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for EQUIFAX IBERICA S.L. in ES

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

2 July 2021

Authority

Agencia Española de Protección de Datos

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. EQUIFAX IBERICA S.L. - Spain (2021). Retrieved from cookiefines.eu

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