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FORT team contributed to a major new precedent at the Supreme Administrative Court permitting the use of Facebook data for the assessment of creditworthiness

On 20, 07 2016 | No Comments | In Uncategorized | By Law Office FORT

In the administrative case, UAB “Creditinfo Lietuva” was represented by the FORT law office team – attorneys at law Dr. Mindaugas Kiškis, Dr. Gytis Kuncevičius and lawyer Aistė Samuilytė-Mamontovė. The Supreme Administrative Court of Lithuania has decided that the data of the users published through the Facebook social network may be used for assessing creditworthiness of those users. This new precedent now enables the business community to process Big Data for providing various innovative services, subject to user’s consent.

The processing of Facebook or other social network data is de facto worldwide standard for the provision of innovative electronical services. Before this case the scope of data that may be used for the assessment of creditworthiness was not clear in Lithuania. This legal uncertainty allowed the supervising institutions to interpret the innovative business practices differently. Some had adopted the position that Art. 21 and Art. 22 of the Law on Legal Protection of Personal Data of the Republic of Lithuania provides an exhaustive list of data that may be processed for financial services, even if the user himself wishes to include more data. The Court recognised that the Law on Legal Protection of Personal Data does not provide an exhaustive list of data that can be processed in order to assess creditworthiness. This significant precedent enables data processing for the innovative businesses, limits the undue interference by the public state institutions and protects the user’s freedom to decide on the scope and purpose of their data online.

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