Our Vault Limited v Information Commissioner (GIA): [2019] UKUT 369 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Markus, QC on 22 November 2019.
Read the full decision in .
Judicial Summary
“Refusal of application for permission to appeal. On an appeal under section 49 Data Protection Act 1998 against monetary penalty and enforcement notices served by the Information Commissioner, the First-tier Tribunal was not arguably required to stay proceedings on grounds of alleged procedural error by the Information Commissioner. The tribunal stood in the shoes of the Commissioner. It could determine all alleged errors by the Commissioner and any prior unfairness had been corrected in the course of the First-Tier Tribunal proceedings. The tribunal’s decision as to the level of the penalty was not unlawful. It had been entitled to take into account the profits generated by the appellant or the financial value of its activities, even though it was not itself profit-making.”