ICO Appeals
Dear Information Commissioner’s Office,
How many times in the last 5 years have the ICO assumed the Appellant Remit from the PA on appeal to the Upper Tribunal.
Yours faithfully,
alan m dransfield
PROTECT
10th May 2013
Case Reference Number IRQ0496854
Dear Mr Dransfield
Thank you for your email of 7 May 2013 in which you have made a request
for information to the Information Commissioner’s Office.
Your request is being dealt with in accordance with the Freedom of
Information Act 2000. We will respond promptly, and no later than 5 June
2013 which is 20 working days from the day after we received your request.
Should you wish to reply to this email, please be careful not to amend the
information in the ‘subject’ field. This will ensure that the information
is added directly to your case. However, please be aware that this is an
automated process; the information will not be read by a member of our
staff until your case is allocated to a request handler.
Yours sincerely
Joanne Crowley
Lead Information Governance Officer
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk
Jonathan Baines left an annotation ()
A five minute search here http://www.osscsc.gov.uk/Aspx/default.aspx reveals six cases which proceeded to a judgment in which the IC was appellant.
http://www.osscsc.gov.uk/Aspx/view.aspx?...
http://www.osscsc.gov.uk/Aspx/view.aspx?...
http://www.osscsc.gov.uk/Aspx/view.aspx?...
http://www.osscsc.gov.uk/Aspx/view.aspx?...
http://www.osscsc.gov.uk/Aspx/view.aspx?...
http://www.osscsc.gov.uk/Aspx/view.aspx?...
There may of course have been others which were settled in some way in advance of a hearing, but in any case these show that it is by no means as unusual, or suspicious, as the requester thinks for the IC to appeal a decision.
alan m dransfield (Account suspended) left an annotation ()
Thank you Johnathan
I am still suspicious that the ICO was the main driver on my particular case.
PROTECT
5th June 2013
Case Reference Number IRQ0496854
Dear Mr Dransfield
Request for Information
Further to our acknowledgement of 10 May 2013 we are now in a position to
provide you with a response to your request for information dated 7 May
2013.
As you know we have dealt with your request in accordance with your ‘right
to know’ under section 1(1) of the Freedom of Information Act 2000 (FOIA),
which entitles you to be provided with a copy of any information ‘held’ by
a public authority, unless an appropriate exemption applies.
Request
In your e-mail of 7 May 2013 you asked us to provide you with the
following information:
‘How many times in the last 5 years have the ICO assumed the Appellant
Remit from the PA on appeal to the Upper Tribunal.’
Response
Firstly I should clarify that it has only been possible to appeal to the
Upper Tribunal for the last three years. Furthermore, when the ICO appeals
to the Upper Tribunal it is appealing because it does not agree with the
decision of the First-Tier Tribunal; it does not appeal on behalf of a
public authority. Nevertheless, I can confirm that the ICO has appealed to
the Upper Tribunal on seven occasions since 2010.
Review Procedure
I hope that this provides you with the information you require. However,
if you are dissatisfied with the response you have received and wish to
request a review of our decision or make a complaint about how your
request has been handled you should write to the Information Governance
Department at the address below or e-mail
[1][email address].
Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request
received after this time will only be considered at the discretion of the
Commissioner.
If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation. To make such an application, please write
to the First Contact Team, at the address below or visit the ‘Complaints’
section of our website to make a Freedom of Information Act or
Environmental Information Regulations complaint online.
A copy of our review procedure is available [2]here.
Yours sincerely
Richard Sisson
Lead Information Governance Officer
Information Commissioner's Office
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
[3]www.ico.gov.uk
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk
References
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3. http://www.ico.gov.uk/
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alan m dransfield (Account suspended) left an annotation ()
The reason I ask this question is because SURELY, the ICO lose their independence and impartial role as arbitrator if and when they take on the role as appellant to the Upper Tribunal as they did in my case GIA/3037/2011 Alan M Dransfield V ICO&DCC.
The ICO Solicitor Mr Richard Bailey took a unilateral decision that the ICO would appeal an earlier FTT decision in my favour to the Upper Tribunal.
Could it be the ICO took this decision in a REVENGE MISSION??!!
Tooltime Tim's comments always appreciated