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Appealing an ICO Decision

PostPosted: Wed Mar 15, 2017 10:49 pm
by Spankymonkey
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?

Re: Appealing an ICO Decision

PostPosted: Thu Mar 16, 2017 6:13 am
by dls
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.

Re: Appealing an ICO Decision

PostPosted: Thu Mar 16, 2017 7:11 am
by atticus
If I appeal an order against me, I would seek to avoid compliance pending the determination of my appeal.

Re: Appealing an ICO Decision

PostPosted: Wed Mar 29, 2017 10:23 pm
by Spankymonkey
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?

Re: Appealing an ICO Decision

PostPosted: Thu Mar 30, 2017 6:09 pm
by dangermouse
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.

Re: Appealing an ICO Decision

PostPosted: Thu Mar 30, 2017 6:13 pm
by Smouldering Stoat
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.

Re: Appealing an ICO Decision

PostPosted: Thu Mar 30, 2017 8:25 pm
by atticus
Why would anyone think you might want to appeal a decision in your favour?

Re: Appealing an ICO Decision

PostPosted: Fri Mar 31, 2017 10:51 pm
by Spankymonkey
The decision wasn't in my favour. As I said, they were only instructed to reveal half the data. There are grounds for appeal.

Re: Appealing an ICO Decision

PostPosted: Sat Apr 01, 2017 9:39 am
by atticus
Surely you would only appeal that part of the decision with which you disagree.

Re: Appealing an ICO Decision

PostPosted: Sat Apr 01, 2017 3:41 pm
by Spankymonkey
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.