Christopher Knight in UKIP Information Notice Appeal


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.