14th September 2025
In advance of the scheduled Upper Tribunal (UT) hearing on 30 September 2025, concerns have been raised regarding the handling of Subject Access Requests (SARs) by the Information Commissioner’s Office (ICO).
The matter involves Dr. R. Kirkham (Applicant) and Mr. Alan M. Dransfield (Third-Party Intervenor) in a case referenced as UA-2024-001149-GIA, concerning alleged failures by the ICO to comply with the UK GDPR and Data Protection Act 2018.
In correspondence addressed to the Tribunal, Mr. Dransfield expressed serious concerns over the ICO’s handling of SARs, citing multiple refusals or ignored requests, the use of Article 12(5)(b) as grounds for denial, and the imposition of a lifetime email ban restricting access to information. He further alleges breaches of Section 77 of the Data Protection Act 2018 and raises procedural fairness issues relating to the upcoming hearing.
Mr. Dransfield stressed that the withholding of personal data could compromise the principle of equality of arms, protected under Article 6 of the European Convention on Human Rights, and could impact the Tribunal’s ability to conduct a fair hearing.
Among the requests made to the Tribunal, Mr. Dransfield asked for:
- A full bundle of case materials.
- Witness statements.
- A Case Management Direction (CMD) to ensure procedural fairness.
In his letter, he also requested the recusal of Judge Wikely, suggesting Judge Jacob as an alternative presiding officer for the hearing.
The case, ongoing for six years, has drawn attention to questions of administrative transparency and compliance within the ICO, as well as the broader principles of fairness in tribunal proceedings.
The Upper Tribunal is expected to review these concerns during the hearing later this month.
