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New guidance on ICO appeals

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With the Information Tribunal abolished earlier this year, the newly formed First Tier Tribunal has released guidance for those wishing to make appeals against Data Protection and Freedom of Information complaints.

The new tribunal, formed as part of the General Regulatory Chamber, will now hear all appeal notices against the ICO, while the newly released guidance and notices will help people approach the tribunal.

“If you disagree with a notice you have received from the Information Commissioner, you can appeal to the First Tier Tribunal (Information Rights),” reads the guidance.

“You should send your Notice of Appeal to us within 28 days of the date of the Commissioner’s notice,” added the Tribunal. “If you wish to submit an appeal outside of this time limit, you can do so, but you must provide good reasons for the delay.”

Despite legal aid being unavailable in tribunal cases, the guidance states that individuals will still be able to represent themselves.

“Unlike courts, most tribunals question the user to find out relevant information rather than relying on the user to present an argument. This means that users of tribunals should be able to present evidence by themselves, and for this reason legal representation should be unnecessary,” it added.

Announced in 2009, the new guidance includes explanatory notes, information on how the tribunal will treat confidential information, and a guide for those choosing to represent themselves.

With the ICO’s financial penalties extending to a possible £500,000 fine for severe data breaches in the future, businesses have been urged to fully understand the appeal route in the event of failings.

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Written by Andrew Hodges

February 12, 2010 at 6:44 pm

Posted in Comment, LinkedIn

Tagged with , ,

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