Can I appeal against a decision of the Information Commissioner?

It is now well known both that the Information Commissioner is responsible for enforcement of Data Protection and also that the Information Commissioner is increasingly taking action against businesses who have allegedly not complied with their Data Protection requirements.

What is perhaps less well known is whether it is possible to appeal against a decision of the Information Commissioner, or complain about them?

The answer to both these above questions is Yes.  You can appeal if you are in the unfortunate position whereby the Information Commissioner has taken a decision which you believe is wrong.  You may have also raised a complaint against the Information Commissioner and, if the Information Commissioner does not respond to that complaint, you can ask a Tribunal to direct the Information Commissioner to respond to you if you have not heard from them within 3 months.

It may be, for example, that you have been served with a Penalty Notice or an Enforcement Notice under the Data Protection Act 2018 which you feel is wrong, and you can apply to the Information Rights Tribunal against this decision.

The Tribunal is independent and looks at all the information in your case before making a decision.

It is critical, if you are in a situation where you wish to appeal a decision of the Information Commissioner, that you do so quickly.  You only have 28 days to appeal after the Information Commissioner’s Office (ICO) has sent you its decision.  You also have to use a Notice of Appeal form that is particular to the Information Rights Tribunal, and you must make sure that the ICO’s decision or Enforcement Notice, as well as other information, is included within your appeal.

We here at Chadwick Lawrence have significant experience of dealing with Data Protection cases, and we would strongly recommend, if you are thinking of appealing a decision of the ICO, that you contact us as soon as ever possible so that we can assist you in doing so.

Our Data Protection Team of NilsODonoghue@chadlaw.co.uk and NicholasWorsnop@chadlaw.co.uk will be more than happy to help guide you through this complex area of law.