UKUT (AAC) - Leave.EU and Eldon v Information Commissioner
| UKUT (AAC) - Leave.EU and Eldon v Information Commissioner | |
|---|---|
 | |
| Court: | UKUT (AAC) |
| Jurisdiction: | United Kingdom |
| Relevant Law: | Regulation 22 PECR 2003 |
| Decided: | 08.02.2021 |
| Published: | |
| Parties: | Eldon Insurance Services Limited Leave.EU Group Limited The Information Commissioner |
| National Case Number/Name: | Leave.EU and Eldon v Information Commissioner |
| European Case Law Identifier: | |
| Appeal from: | First-tier Tribunal (General Regulatory Chamber) |
| Appeal to: | Not appealed |
| Original Language(s): | English |
| Original Source: | British and Irish Legal Information Institute (BAILII) (in English) |
| Initial Contributor: | Frederick Antonovics |
The Upper Tribunal dismissed an appeal against a First-Tier Tribunal decision upholding the fines imposed on Leave.EU and Eldon Insurance Services by the UK DPA (ICO) in February 2019.
English Summary
Facts
This case is an appeal by Leave.EU and Eldon Insurance Services of 3 different fines imposed on them by the ICO in 2019. For detailed facts see here.
Holding
The 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 were dismissed by Upper Tribunal.
Comment
Both the ICO and First-Tier Tribunal decisions are not published, with the effect that this case contains the only available factual and legal analyses of the issues at hand.
Further Resources
Share blogs or news articles here!
English Machine Translation of the Decision
The decision below is a machine translation of the English original. Please refer to the English original for more details.
[New search] [Contents list] [Printable PDF version] [Help] Leave.EU and Eldon v Information Commissioner [2021] UKUT 26 (AAC) (8 February 2021) 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. A HTML version of this file is not available click here or view below the pdf version : [2021] UKUT 26 (AAC) BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: http://www.bailii.org/uk/cases/UKUT/AAC/2021/26.html
