Redacted version – Court Ruling (Norway, 2022)

Court Ruling
Datatilsynet (Norway)21 June 2022Norway
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.

Norway's Privacy Appeals Board upheld a decision against a company for conducting an unlawful credit check. The managing director used the credit rating for personal reasons, not the company's interests. This case shows that personal motives can't justify data processing under GDPR.

What happened

A company's managing director conducted an unlawful credit rating for personal reasons during an inheritance dispute.

Who was affected

The individual involved in the inheritance dispute with the managing director.

What the authority found

The Privacy Appeals Board agreed with the DPA that the credit rating was unlawful as it served personal interests, not the company's legitimate interests.

Why this matters

This ruling clarifies that personal motives cannot justify data processing under GDPR. Companies should ensure data use aligns with legitimate business interests.

GDPR Articles Cited

Art. 24 GDPR
Art. 5(2) GDPR
Art. 6(1)(f) GDPR
Decision AuthorityPersonvernnemnda (Norway)
Reviewed AuthorityDatatilsynet (Norway)
Full Legal Summary
Detailed

This case is an appeal of a decision by the Norwegian DPA, in which the Norwegian DPA fined a company (the controller) about €12,000 (NOK 125,000) for conducting an unlawful credit rating in breach of Article 6(1) GDPR, and required them to implement a policy for conducting credit ratings per Article 24 GDPR. The controller disagreed with the DPA on the first part of the decision, pertaining to the fine, and asked the supervisory authority to reconsider its position. After the DPA had reviewed the case again, they found no grounds to change their decision and so, as per Norwegian procedures, referred the case to the Privacy Appeals Board. The unlawful credit rating was conducted by the company's managing director, who was in conflict with the data subject in an inheritance dispute. In their comments to the Privacy Appeals Board, the company's attorneys claimed that the managing director had to be seen as a 'third party' and that the credit rating was lawful because he pursued a legitimate interest. The Privacy Appeals Board reviewed the case and agreed, first, with the DPA in that an acquiring company also acquires the prior (acquired) company's controller's responsibilities, even if the breach occurred before the company was acquired. Next, they noted that the relevant lawful basis of the processing in question (the credit rating) is Article 6(1)(f) GDPR, legitimate interests, and that it is the company who has the agreement with the credit rating agency and, thus, a legitimate interest in obtaining credit rating information. The Privacy Appeals Board noted that it is obvious that the managing director obtained credit rating information for use in the private inheritance dispute and not for the company's legitimate interests. They also concluded that the case is not related to a "third party" as defined in Article 4(10) GDPR and that this claim builds upon an obvious misinterpretation of the legal text. The Privacy Appeals Board held that the managing director'

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Redacted version in NO

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

Details

Ruling Date

21 June 2022

Authority

Datatilsynet (Norway)

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Redacted version - Norway (2022). Retrieved from cookiefines.eu

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