Leave.EU and Eldon v Information Commissioner: [2021] UKUT 26 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of a Three Judge Panel on 8 February 2021
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Judicial Summary
The Information Commissioner issued Leave.EU and Eldon with both monetary penalty notices and assessment notices (and an enforcement notice in the case of Eldon) under DPA 1998 and 2018 - the First-tier Tribunal dismissed all five appeals - Appellants’ grounds of appeal to the Upper Tribunal concerned the scope of regulation 22 PECR, the meaning of ‘consent’ and ‘instigates’, the criteria for making a MPN (‘serious contravention’ and knowledge of risk of breach), the relevance of the Commissioner’s regulatory action policy (RAP), proportionality and the criteria for an assessment notice, and unfair process - All five appeals dismissed by Upper Tribunal.
Upper Tribunal and Court of Appeal Decisions selected for reporting as [2021] AACR 12