Mark Jervis v The Information Commissioner
[2023] UKFTT 208 (GRC)
Janna Linde v The Information Commissioner
13 February 2023
[2023] UKFTT 117 (GRC)
First-tier Tribunal
Someone appealed because they didn't get an answer to their request for information from the government. The court said it couldn't help because it only has power to make the government answer certain types of requests, not the one this person made.
Key Facts
- •Appeal filed by Janna Linde against the Information Commissioner (ICO).
- •Appeal concerned a request to Hackney Council under the Freedom of Information Act 2000 or the Environmental Protection Regulations 2004.
- •ICO did not provide a decision within 90 days.
- •Initial appeal struck out by the Registrar due to lack of jurisdiction (no Decision Notice issued by ICO).
- •Appellant claimed they were instructed by the Tribunal to submit a Notice of Appeal despite lacking a response.
- •Appellant's request for a Tribunal response treated as a Rule 4(3) application.
Legal Principles
The Tribunal has jurisdiction to direct the Information Commissioner to issue a response under the Data Protection Act 2018, but not under the Freedom of Information Act 2000.
Tribunal Rules and Data Protection Act 2018, Freedom of Information Act 2000
Under the Freedom of Information Act 2000, the Tribunal can only review whether a final Decision Notice is wrong in law, not direct a response.
Freedom of Information Act 2000
The Tribunal can only exercise powers granted by Parliament.
Implicit in the legal system
A strike-out is mandatory when the Tribunal lacks jurisdiction.
Tribunal Rules
Outcomes
Appeal struck out under Rule 8(2)(a).
The Tribunal lacked jurisdiction to determine the appeal because it concerned a Freedom of Information Act request and the Tribunal cannot direct a response in such cases.