top | item 46916744

(no title)

buzer | 23 days ago

So just to clarify there are two different things here:

The information that fraud detection is being performed is something that needs to be disclosed. That's what would be part of the article 13/14 (13 is when controller collects data directly from subject, 14 is when they receive it from anywhere else (including generating it themselves)) notices. It's very rare that any law would forbid giving any kind of article 13 notice, that's why banks do disclose that they process personal data for AML purposes in their privacy policies.

Article 14 itself however does allow omitting the notice in certain circumstances, but those are quite limited. Fraud detection can fit here, but usually only in the context where controllers transmit the information to other controllers regarding risky clients and such. The actual fraud detection itself is a different purpose and it's objectives are not, generally speaking, in risk just because someone knows that certain company ran the fraud detection on this transaction (since fraud detection is run on every single transaction).

The "how" is part of the second thing. That's generally more on article 15 (and 22) territory where controller could omit the information why exactly the transaction was denied (and possibly things like transaction's fraud score). I don't really like the current interpretations either (as it makes it pretty impossible to fix incorrect information) but unless CJEU gives some ruling in the issue it's unlikely that DPAs & EDPB are going to enforce some changes there.

discuss

order

No comments yet.