Up until now organisations wishing to appeal a decision made by the Information Commissioner’s Office (“ICO”) had to take the appeal to the Information Tribunal, and from there to the High Court. The appeals system has now been restructured in an effort to centralise tribunal services across different areas of regulation.
From this week, appeals relating to the ICO’s data protection and freedom of information decisions can be taken to the General Regulatory Chamber rather than the Information Tribunal. Most appeals will be handled through a first tier Tribunal, with a further possibility of appeal to Upper Tribunal’s Administrative Appeals Chamber. Serious cases can go straight to the Upper Tribunal. Appeals against the Upper Tribunal’s decisions will go straight to the Court of Appeal.
This is the latest in a series of changes to the regulatory regime for data protection, which include a new power for the ICO to issue fines of up to £0.5m with effect from 6 April 2010, without having to take the organisation being fined to court.
Tom Morrison
