Mark Jervis v The Information Commissioner
[2023] UKFTT 208 (GRC)
Tayo Aluko v The Information Commissioner
22 February 2023
[2023] UKFTT 166 (GRC)
First-tier Tribunal
Someone appealed because they thought the government changed a document they were given. The judge said they couldn't decide that; their job is only to check if the government's *final decision* was wrong, not how they investigated.
Key Facts
- •Appeal against Information Commissioner's Decision Notice (18 October 2022).
- •Appellant alleges digital manipulation of disclosed information by the public authority.
- •Information Commissioner's investigation found no evidence of manipulation.
- •Appellant's grounds of appeal focus on the investigation, not the Decision Notice itself.
- •Appellant sought disclosure of 'genuine' information as a remedy.
Legal Principles
The Tribunal's jurisdiction is limited to determining appeals alleging the Decision Notice was wrong in law or involved an inappropriate exercise of discretion by the Information Commissioner.
Freedom of Information Act 2000 (FOIA)
Investigating whether a document has been manipulated and the conduct of the Information Commissioner's investigation are outside the Tribunal's jurisdiction.
Tribunal Rules
Outcomes
Appeal struck out.
The Tribunal lacked jurisdiction to determine the appeal because the grounds of appeal did not challenge the Decision Notice itself, but rather the Information Commissioner's investigation.