The First Tier Tribunal has issued Directions for a General Stay of rights to appeal following an application from the Information Commissioner’s Office on 31 March 2020. This is due to the current pandemic and the temporary closure of the Information Commissioner’s Office.

With immediate effect all rights to appeal under s48 of the Data Protection Act 1998, s162 of the Data Protection Act 2018 and s57 of the Freedom of Information Act 2000 are stayed for a period of 28 days from 1st April 2020, all time limits and any new and current proceedings are stayed for the same period.

Any party to affected by this direction may make an application to the Tribunal for these directions to be amended, suspended, set aside of for further directions. These directions are to be reviewed again once the 28 days have expired.

About the Author:

John Green, in house solicitor Green CDL Ltd a company providing cyber security and data protection training, eLearning, advice and Cyber Essentials certification.

5 thoughts on “Rights to appeal against ICO decisions stayed for 28 days

  1. Thank you, I wasn’t aware of this, does that mean all ICO actions are stayed?

    1. Thanks for your comment. In short no this just relates to appeals as the ICO do not have the power to extend statutory timescales. However the ICO does understand that resources may well be diverted away from usual compliance or information governance work in this unprecedented time and therefore have stated they will not penalise organisations that have prioritised other areas or have adapted their usual approach. Therefore if your usual data protection practices fall short of their usual standards during this time you are unlikely to be penalised, however if your practices were not up to standard in the first place this will not excuse you

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