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 [2019] 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 [2018]
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.
