Electronic communications, postal services, and network and information systems: appeal a notice or decision
How to appeal a notice or decision from the Interception of Communications Commissioner (ICC) or competent authority under Network and Information Systems (NIS) regulations.
What your organisation can appeal against
Public bodies such as the police or intelligence services can be fined for intercepting communications (such as bugging phone calls or monitoring emails) without a warrant.
If you are the public body in question and disagree with the fine, you can appeal to a tribunal.
If you are an operator of essential services (OES) in the transport, energy, water, health, and digital infrastructure sectors, you may appeal to the tribunal against a decision by a competent authority to:
- designate that person as an OES
- revoke the designation of that OES
- serve an enforcement notice on that OES
- serve a penalty notice on that OES
If you are a relevant digital service provider (RDSP) under the NIS regulations you may appeal to the tribunal against a decision made by the Information Commissioner’s Office to serve:
- an enforcement notice on that RDSP
- penalty notice on that RDSP
Further information on the Network and Information Systems Regulations can be found under Legislation and rules. The decision (or parts of it), and any conditions attached, may be suspended until after the tribunal has considered the case. This is in accordance with the General Regulatory Chamber’s (GRC) Rules of Procedure.
The tribunal
Your case will be dealt with by a tribunal in the GRC.
The tribunal is independent of the government, and will listen to both sides of the argument before it reaches a decision.
If you or your representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you or the representative is in and what type of evidence is being given. You must do this as soon as possible.
Time limits for appealing
You have 28 days to appeal after the ICC sends you the fine.
If you miss the time limit, you can ask for more time to appeal. The tribunal will decide if it can still take your case.
How to appeal
Complete the relevant General Regulatory Chamber (First-tier Tribunal) form.
Clearly say why you want to appeal against the decision.
Include any supporting documents, for example the monetary or enforcement penalty notice.
Send the form to grc@justice.gov.uk or:
General Regulatory Chamber
HM Courts & Tribunals Service
PO Box 9300
Leicester
LE1 8DJ
Telephone: 0300 123 4504
Monday to Friday, 8:30am to 5pm
Find out about call charges
Tribunal staff can explain how the process works, but they cannot give you legal advice.
What happens next
The tribunal will write to you about the next steps.
Find out more about GRC hearings and decisions.
Legislation and rules
The Regulation of Investigatory Powers Act 2000 sets out the law around the interception of communications.
You can find the right to appeal to the tribunal in the Regulation of Investigatory Powers (Monetary Penalty Notices and Consents for Interceptions) Regulations 2011.
Read more detailed rules on how your appeal will be handled in the General Regulatory Chamber procedure rules.
The Network and Information Systems Regulations 2018 sets out the law around how OES and DSPs are regulated in relation to their network and information systems.
The 2018 regulations have been amended by The Network and Information Systems (Amendment and Transitional Provision etc.) Regulations 2020. These amending regulations insert the provisions that allow for OES and DSPs to appeal to the tribunal.
Last updated 31 January 2024 + show all updates
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Updated the how to appeal section with a link to the General Regulatory Chamber (First-tier Tribunal) forms collection.
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Changed the telephone number of the GRC
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First published.