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    [2025] UKUT 74 (AAC)
    Upper Tribunal Administrative Appeals Chamber

    [2025] UKUT 74 (AAC)

    Fecha: 02-Dic-2024

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    • Heading
    • (As amended under Rule 42) Introduction
    • Background
    • The proceedings before the First-tier Tribunal
    • The First-tier Tribunal’s decision
    • The law
    • Case law in relation to section 166 of the DPA 2018
    • The Upper Tribunal’s jurisdiction on appeal
    • The parties’ submissions
    • Ground 2: The Tribunal erred by ruling that the Commissioner was not biased and by reaching the wrong conclusions about the Commissioner’s motives, and their consequences
    • Analysis and conclusions: (i) the apparent bias argument
    • My concerns about the Tribunal’s self-directions as to the law
    • The approach the First-tier Tribunal should take to section 166 applications where the Commissioner has been asked to investigate a complaint against the ICO
    • The First-tier Tribunal’s decision in this case
    • Ground 3 : The Tribunal erred by failing to uphold the duty of candour
    • Analysis and conclusions
    • Ground 4: The First-tier Tribunal erred in relation to what was the outcome of the appellant’s complaints
    • Analysis and conclusion
    • Ground 5: The First-tier Tribunal failed to uphold the overriding objective
    • Ground 1: The First-tier Tribunal has provided inadequate reasons for its decision
    • The shortcomings in the Commissioner’s handling of the complaints and why they do not mean this appeal succeeds
    • Conclusions

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