Dun & Bradstreet refuses to reveal Austrian telephone company customer details
Dun & Bradstreet refuses to reveal Austrian telephone company customer details
Incident occurred: 2019-
Page published: May 2025
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Dun & Bradstreet Austria unlawfully withheld meaningful information about its automated credit assessment process from a customer denied a mobile phone contract, leading to a landmark ruling on data subject rights.
A customer in Austria was refused a EUR 10 a month mobile phone contract by an operator, which relied on an automated credit assessment from Dun & Bradstreet Austria, having requested details about how her creditworthiness was assessed, specifically seeking "meaningful information about the logic involved" in the automated decision-making.
In its refusal, Dun & Bradstreet, cited protection of trade secrets and third-party data.ย
Austrian courts ruled that the company's refusal violated the General Data Protection Regulation (GDPR) as Dun & Bradstreet failed to provide sufficient explanation or justification for withholding the information.ย
The case escalated to the Court of Justice of the European Union (CJEU), which clarified that data controllers must explain the procedures and principles used in automated decisions so individuals can understand and challenge outcomes.
Trade secrets or third-party data concerns must be balanced by courts or supervisory authorities, not used as blanket grounds for refusal, the ECJ said.
Dun & Bradstreet relied on an Austrian legal provision allowing companies to withhold information if disclosure would compromise business or trade secrets.
However, the courts determined that this national rule could not override GDPR rights.
The ruling clarifies that companies using automated decision-making must provide individuals with clear, intelligible explanations of how their data is used and how decisions are made, even where trade secrets are involved.ย
Any claimed confidentiality must be assessed by a competent authority, ensuring a balance between transparency and legitimate business interests.
The decision strengthens individual rights in the face of automated profiling and credit assessments, setting a precedent for greater transparency and accountability in the use of algorithms in consumer decisions across the EU.ย
It also limits the ability of companies to use trade secret protections to avoid GDPR obligations, promoting fairer treatment and recourse for consumers.
Automated decision-making
Automated decision-making involves the use of data, machines and algorithms to make decisions in a range of contexts, including public administration, business, health, education, law, employment, transport, media and entertainment, with varying degrees of human oversight or intervention.ย
Source: Wikipedia ๐
Developer: Dun & Bradstreet
Country: Austria
Sector: Technology
Purpose: Assess credit worthiness
Technology: Statistical algorithm
Issue: Accountability; Transparency
EUR-Lex. Judgment of the Court (First Chamber) of 27 February 2025
Court of Justice of the European Union. Automated credit assessment: the data subject is entitled to an explanation as to how the decision was taken in respect of him or her