On Monday, 4 November 2024, the Information Commissioner's Office (ICO) announced that it is seeking permission to appeal a judgment by the Upper Tribunal concerning DSG Retail Limited (DSG) to the Court of Appeal.
The decision follows the ruling by the Upper Tribunal that the unique 16-digit number and expiry date on a credit or debit card are not "personal data" under the Data Protection Act 1998 because they identify only a bank account and not any individual directly. This data would only be personal when combined with other personal data in the hands of the data controller or a third party.
The ICO believes that the Tribunal misinterpreted the law, particularly concerning obligations to protect personal data held by third parties.
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