2nd September 2025
Freedom of Information campaigner Alan M. Dransfield has written to the Upper Tribunal (Administrative Appeals Chamber) ahead of a major hearing scheduled for 30 September 2025, citing what he describes as “serious procedural disadvantages” in his case against the Information Commissioner’s Office (ICO).
The case, formally titled Kirkham v ICO & Dransfield (reference: UA-2024-001149-GIA), is due to be heard later this month in London.
In his letter to the Tribunal, Mr Dransfield says he has been placed on an “email ban” by the ICO, preventing him from corresponding with their casework team electronically. He argues that this restriction causes significant delays and obstructs communication in the run-up to the hearing.
He also claims that the ICO has refused to process his Subject Access Requests (SARs) under data protection law, despite their relevance to the issues due to be considered by the Tribunal.
Mr Dransfield contends that these measures leave him at a “serious procedural disadvantage” compared with the ICO, undermining what is known in law as the principle of equality of arms — a right to a fair hearing under Article 6 of the European Convention on Human Rights.
In his letter, he calls on the Tribunal to ensure fair and timely communication and to take the ICO’s refusal to process SARs into account when assessing whether he has had a proper opportunity to present his case.
The Upper Tribunal has yet to respond formally to his letter.
The hearing later this month is expected to revisit issues of public interest in transparency and data rights.
