Secretary of State for Home Department, R (on the application of) v The Information Tribunal [2006] EWHC 2958 (Admin) (23 November 2006)

Secretary of State for Home Department, R (on the application of) v The Information Tribunal [2006] EWHC 2958 (Admin) (23 November 2006)

The Information Commissioner is entitled to challenge and appeal a ministerial certificate under section 28 of the Data Protection Act 1998 because the certificate directly affects his statutory powers and duties. The Secretary of State misdirected himself by excluding the Commissioner from the process, and the Tribunal was correct to quash the certificate.

Citation
[2006] EWHC 2958 (Admin)
Parties
Claimant: Secretary of State for the Home Department (SSHD); Respondent: The Information Tribunal; Interested Party: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
23 November 2006
Procedural Posture
Judicial Review / High Court Judgment on Application for Judicial Review of Information Tribunal Decision
Outcome
Application dismissed
Legal Topics
Data Protection Act 1998, National Security Exemptions, Ministerial Certificates, Information Commissioner's Powers, Judicial Review, Directive 95/46/ec
Administrative Law Data Protection Law National Security Law Data Protection Act 1998 National Security Exemptions Ministerial Certificates Information Commissioner's Powers Judicial Review +1 more

Case Brief

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Parties

Secretary of State for the Home Department (SSHD)

Claimant

The Information Tribunal

Respondent

The Information Commissioner

Interested Party

Procedural Posture

Judicial Review / High Court Judgment on Application for Judicial Review of Information Tribunal Decision

Legal Issues

  1. 1 Whether the Information Commissioner has a statutory role in assessing national security exemptions under section 28 of the Data Protection Act 1998
  2. 2 Whether the Commissioner is 'directly affected' and entitled to appeal a ministerial certificate under section 28(4)
  3. 3 Whether the Secretary of State misdirected himself in issuing the certificate on the premise that the Commissioner had no statutory role

Ratio Decidendi

The Information Commissioner is entitled to challenge and appeal a ministerial certificate under section 28 of the Data Protection Act 1998 because the certificate directly affects his statutory powers and duties. The Secretary of State misdirected himself by excluding the Commissioner from the process, and the Tribunal was correct to quash the certificate.

Court Disposition

Application dismissed

Orders

  • The application for judicial review is dismissed.
  • The section 28 certificate signed by the Secretary of State is quashed.