Information rights: appeal against the Information Commissioner
How to appeal to a tribunal against an Information Commissioner's Office decision on a freedom of information or other information request.
What you can appeal against
You can appeal if you disagree with an ICO decision on your freedom of information request, and you’re denied access to the information.
You can also appeal against an ICO fine or enforcement notice for breaking the rules around:
- freedom of information
- data protection
- environmental information
- privacy and electronic communications
Your case will be dealt with by a tribunal in the General Regulatory Chamber.
The tribunal is independent of the government, and will listen to both sides of the argument before it reaches a decision.
They may ask to look at the information in question before deciding if you should see it.
Time limits for appealing
You have 28 days to appeal after the ICO sends you its decision.
If you miss the time limit, you can ask for more time to appeal. Explain why you’re late, and the tribunal will decide if it can still accept your case.
How to appeal
Include the ICO’s decision notice and any other relevant documents.
Clearly say why you think the ICO’s decision was wrong.
Send the form to email@example.com or:
General Regulatory Chamber
HM Courts & Tribunals Service
PO Box 9300
Telephone: 0300 123 4504
Tribunal staff can explain how the process works, but they can’t give you legal advice.
What happens next
The tribunal will write to you about the next steps.
Find out more about tribunal hearings and decisions.
List of current cases
New cases are listed on the register of current cases.
Search the decisions database to see how judges made decisions in previous cases.
Legislation and rules
You can find the right to appeal to the tribunal in the following laws and regulations:
- section 57 of the Freedom of Information Act 2000
- sections 28 and 48 of the Data Protection Act 1998
- regulation 18 of The Environmental Information Regulations 2004
- The INSPIRE Regulations 2009
- The Privacy and Electronic Communications Regulation 2003
- The Data Protection (Monetary Penalties) (Maximum Penalty and Notices) Regulations 2010
- The Re-use of Public Sector Information Regulations 2015
Read detailed rules on how your case will be handled in the: