Campbell v Secretary of State
| Jurisdiction | UK Non-devolved |
| Judge | Judge Purchas QC,Judge Wikeley,Mr Justice Maguire |
| Neutral Citation | [2018] UKUT 372 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Date | 08 November 2018 |
| Subject Matter | Tribunal procedure,practice,Information rights - Data protection,practice - lapsing of appeals,practice - tribunal jurisdiction,Three Judge Panel |
| Published date | 18 December 2018 |
Campbell v Secretary of State [2018] UKUT 372 (AAC)
DECISION OF THE UPPER TRIBUNAL
(ADMINISTRATIVE APPEALS CHAMBER)
The DECISION of the Upper Tribunal on the preliminary issue is to strike out the appeal
under case reference GINS/5065/2014 (Mr D. Campbell, Deceased) for want of jurisdiction.
This decision is given under section 28 of the Data Protection Act 1998 and rules 5(3)(e) and
8(2)(a) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698).
REASONS FOR DECISION
The preliminary issue arising on these appeals
1. The immediate issue arising for determination in this appeal can be posed relatively
simply: in the context of section 28(4) of the Data Protection Act 1998 (“the DPA”), does a
data subject’s right of access to his personal data and to bring an appeal against the
Secretary of State’s national security certificate survive his death? Although the question
itself may be put shortly, the answer to that question is rather more complex.
2. We are treating this as a preliminary issue under rules 5(3)(e) and 8(2)(a) of the
Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698). We are conscious that the
outcome of this appeal will also have an impact on other similar cases.
Section 28 of the Data Protection Act 1998
3. Section 28 of the DPA, so far as is material, provides as follows:
‘28.— National security
(1) Personal data are exempt from any of the provisions of—
(a) the data protection principles,
(b) Parts II, III and V, and
(c) sections 54A and 55,
if the exemption from that provision is required for the purpose of safeguarding
national security.
(2) Subject to subsection (4), a certificate signed by a Minister of the Crown certifying
that exemption from all or any of the provisions mentioned in subsection (1) is or at
any time was required for the purpose there mentioned in respect of any personal data
shall be conclusive evidence of that fact.
(3) A certificate under subsection (2) may identify the personal data to which it applies
by means of a general description and may be expressed to have prospective effect.
(4) Any person directly affected by the issuing of a certificate under subsection (2) may
appeal to the Tribunal against the certificate.
(5) If on an appeal under subsection (4), the Tribunal finds that, applying the principles
applied by the court on an application for judicial review, the Minister did not have
reasonable grounds for issuing the certificate, the Tribunal may allow the appeal and
quash the certificate.’
4. Section 28 of the DPA, along with virtually all the rest of that Act, has now been
repealed by section 211(1) of, and paragraph 44 of Schedule 19 to, the Data Protection Act
2018. However, transitional provisions stipulate that such repeal “does not affect the
application of those provisions after the relevant time with respect to the processing o f
personal data to which the 1998 Act (including as it has effect by virtue of this Schedule)
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Fryers and Hogg v Secretary of State for Northern Ireland
...13. On 8 November 2018 we issued a decision on the preliminary issue arising in GINS/5065/2014 (see Campbell v Secretary of State [2018] UKUT 372 (AAC)). Our decision was that Mr Campbell’s appeal under section 28(4) of the 1998 Act did not survive his death on 17 January 2015. We according......