Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Appealing an ICO Decision

Copyright, Trade Marks, Patents, Information Law etc

Appealing an ICO Decision

Postby Spankymonkey » Wed Mar 15, 2017 10:49 pm

I finally got a decision notice from the ICO regarding my FOI appeal. A mixed bag. The ICO have notified the relevant authority that they must reveal one half of the data requested. The other half falls within Data Protection exemptions. The authority have been given 35 days to forward this information or appeal.

My question is, if either myself or the authority appeal, will the authorities obligation to forward this 'one half' of the data be suspended pending appeal?
Spankymonkey
 
Posts: 330
Joined: Mon Feb 15, 2016 8:42 am

Re: Appealing an ICO Decision

Postby dls » Thu Mar 16, 2017 6:13 am

I do not know the precise riules, but expect the folllowing to be the case.

There will be an immediate obligation to release the information within the next no of days.
If they appeal, and so request, that obligation is suspended until the appeal is determined.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11917
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Appealing an ICO Decision

Postby atticus » Thu Mar 16, 2017 7:11 am

If I appeal an order against me, I would seek to avoid compliance pending the determination of my appeal.
User avatar
atticus
 
Posts: 19025
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Appealing an ICO Decision

Postby Spankymonkey » Wed Mar 29, 2017 10:23 pm

It has been several weeks since the ICO decision and no information has been sent from the authority.

It has only just occurred to me that the authority are probably holding out 28 days to see if I appeal. Should I just go ahead and tell them to send it as I have no intention to appeal, or wait until the appeal time limit has expired?
Spankymonkey
 
Posts: 330
Joined: Mon Feb 15, 2016 8:42 am

Re: Appealing an ICO Decision

Postby dangermouse » Thu Mar 30, 2017 6:09 pm

Spankymonkey wrote:It has been several weeks since the ICO decision and no information has been sent from the authority.

It has only just occurred to me that the authority are probably holding out 28 days to see if I appeal. Should I just go ahead and tell them to send it as I have no intention to appeal, or wait until the appeal time limit has expired?


If they think they should wait until after your window for appealing has expired before sending the information, I don't imagine this will change just because you tell them you have no intention to appeal, as you could still change your mind after receiving the information. If you were to appeal at the last minute, the authority could end up providing the information before they've registered that you're appealing and that they need to request a stay of the original decision.

So I don't think it will make any difference if you contact them.
dangermouse
 
Posts: 39
Joined: Fri May 09, 2014 5:55 pm

Re: Appealing an ICO Decision

Postby Smouldering Stoat » Thu Mar 30, 2017 6:13 pm

Spankymonkey wrote:It has only just occurred to me that the authority are probably holding out 28 days to see if I appeal.


Or they are planning to appeal.
Smouldering Stoat
 
Posts: 6176
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

Re: Appealing an ICO Decision

Postby atticus » Thu Mar 30, 2017 8:25 pm

Why would anyone think you might want to appeal a decision in your favour?
User avatar
atticus
 
Posts: 19025
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Appealing an ICO Decision

Postby Spankymonkey » Fri Mar 31, 2017 10:51 pm

The decision wasn't in my favour. As I said, they were only instructed to reveal half the data. There are grounds for appeal.
Spankymonkey
 
Posts: 330
Joined: Mon Feb 15, 2016 8:42 am

Re: Appealing an ICO Decision

Postby atticus » Sat Apr 01, 2017 9:39 am

Surely you would only appeal that part of the decision with which you disagree.
User avatar
atticus
 
Posts: 19025
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Appealing an ICO Decision

Postby Spankymonkey » Sat Apr 01, 2017 3:41 pm

atticus wrote:Surely you would only appeal that part of the decision with which you disagree.


But I'm not as clever as you Atticus. So just assume by 'decision' I mean every word in the decision notice. I'm sure there were a few commas missing as well, hopefully I can have them disclosed as well.
Spankymonkey
 
Posts: 330
Joined: Mon Feb 15, 2016 8:42 am

Next

Return to Intellectual Property

Who is online

Users browsing this forum: No registered users and 1 guest