Reappointment of Information Commissioner was unlawful

16/09/2021 | Mishcon de Reya

The DCMS has conceded that the extension of Elizabeth Denham's term in office as Information Commissioner by three months on the 9th of July was illegal. In fact, the Data Protection Act 2018 already contains provisions to extend her term by two years from when she was appointed in 2016. Initial responses attempted to argue the reappointment was not a reappointment but rather an "extension". However, upon further correspondence, the DCMS conceded the July reappointment a "nullity" and "of no legal effect". While this means Ms Denham could continue in office until 2023, it would cause problems for the appointment of John Edwards.

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Elizabeth Denham

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