The Information Commissioner (appellant) v DSG Retail Ltd (respondent)
Thursday 4 December 2025
By Appellant’s Notice submitted on 23 December 2024, the Information Commissioner, respondent below, appeals the decision of the Upper Tribunal (Administrative Appeals Chamber) dated 23 September 2024 setting aside the words “and is substituted by this Decision” in paragraph 1 and the whole of paragraph 2 of the First-tier Tribunal’s decision dated 5 July 2022 and remitting the appeal to be redecided by an entirely freshly constituted First-tier Tribunal.
This appeal concerns the lawful basis for the Information Commissioner imposing a monetary penalty notice on a data controller under section 55A of the Data Protection Act 1998. A key issue on the appeal is the correct construction of the phrase “personal data” as it appears within the seventh data protection principle in Schedule 1 of the DPA 1998 which is concerned with data security.
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