In the first appellate decision to consider the Information Commissioner’s powers to issue an information notice under the Data Protection Act 1998, the Upper Tribunal upheld the validity of a notice issued against the political party UKIP. The notice was issued by the Commissioner as part of her ongoing and high-profile investigation into the use of data analytics in political campaigns, and followed UKIP’s failure to respond fully and comprehensively to a series of questions posed by the Commissioner to all major political parties.
Dismissing UKIP’s appeal, the Upper Tribunal in UKIP v Information Commissioner  UKUT 62 (AAC) discussed the statutory requirements for the imposition of an information notice, the scope of the Commissioner’s discretion to issue a notice and the clarify of the terms of the notice itself. Judge Wikeley also considered the application of the Malnick  UKUT 72 (AAC) – on whether a notice can be remitted to the Commissioner – under the DPA 1998.
Christopher Knight acted for the Information Commissioner.
The judgment of the Upper Tribunal can be read here.