The First-tier Tribunal decision in Central London Community Healthcare NHS Trust v Information Commissioner (Data Protection Act 1998) [2013] UKFTT 2012_0111 (GRC) (15 January 2013) is now available on bailli here (note: it is currently available only as a 35-page pdf).
The appeal was unsuccessful but the decision is of particular importance in relation to its analysis of the Tribunal’s jurisdiction over ICO decisions, in terms of extent and nature, and includes numerous insights into the ICO’s assessment process. For example, it refers to the ICO’s ‘framework for determining the appropriate amount of a monetary penalty’ and deals in detail with the contention that self-reported breaches are somehow different in nature than others.
We hope to deal with the decision in greater detail in an article shortly.
