Feeds

Info Tribunal appeals to split from January

New two-tier system for ICO appeals

Beginner's guide to SSL certificates

People appealing against rulings by the Information Commissioner's Office (ICO) will face a new tribunal structure from January next year. The Information Tribunal, which hears appeals on ICO rulings, will become part of a wider system.

Under the new regime, which awaits Parliamentary approval, very serious or very complex cases will be sent to a more senior tribunal straight away, while a junior tribunal hears more everyday cases.

The ICO makes rulings on whether or not there have been breaches of the Data Protection Act and the Freedom of Information (FOI) Act. People or organisations who disagree with those rulings appeal to the Information Tribunal.

In January the Information Tribunal will transfer over to the General Regulatory Chamber (GRC), which is one part of a new unified tribunals service. This is part of a Government plan to centralise and standardise regulation. The tax and land tribunals are already part of the new structure.

For the first time there will be a two-tiered Information Tribunal. The First-tier Tribunal will hear most cases, and it will be possible to appeal those rulings to the Administrative Appeals chamber of the Upper Tribunal.

Some cases, though, will go straight to that Upper Tribunal, the Tribunals Service said.

"For some information rights appeals, cases will be heard in the first instance in the Upper Tribunal," said Mike Watson, the Tribunals Service officer in charge of the GRC plans in a letter to Tribunal users. "This will occur where it is considered that the appeal raises complex or unusual issues and the importance of the case would merit it being dealt with in the higher Tribunal."

The new structure avoids the High Court, which used to hear appeals on Information Tribunal rulings. Appeals from the First-tier Tribunal will be heard by the Upper Tribunal, and appeals from the Upper Tribunal will be heard by the Court of Appeal.

The Tribunals Service said that the changes are scheduled to take place in January 2010.

A Tribunals Service letter outlining the changes can be read here (pdf).

Copyright © 2009, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Providing a secure and efficient Helpdesk

More from The Register

next story
Phones 4u slips into administration after EE cuts ties with Brit mobe retailer
More than 5,500 jobs could be axed if rescue mission fails
Special pleading against mass surveillance won't help anyone
Protecting journalists alone won't protect their sources
Phones 4u website DIES as wounded mobe retailer struggles to stay above water
Founder blames 'ruthless network partners' for implosion
Apple's iPhone 6 first-day sales are MEANINGLESS, mutters analyst
Big weekend queues only represent fruity firm's supply
Radio hams can encrypt, in emergencies, says Ofcom
Consultation promises new spectrum and hints at relaxed licence conditions
Bill Gates, drugs and the internet: Top 10 Larry Ellison quotes
'I certainly never expected to become rich ... this is surreal'
Big Content Australia just blew a big hole in its credibility
AHEDA's research on average content prices did not expose methodology, so appears less than rigourous
EMC, HP blockbuster 'merger' shocker comes a cropper
Stand down, FTC... you can put your feet up for a bit
prev story

Whitepapers

Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.
WIN a very cool portable ZX Spectrum
Win a one-off portable Spectrum built by legendary hardware hacker Ben Heck
The next step in data security
With recent increased privacy concerns and computers becoming more powerful, the chance of hackers being able to crack smaller-sized RSA keys increases.