As I said, this de novo review does really undercut that order-making power. It basically means that none of what the commissioner decides, none of what the commissioner looks at, is relevant to a court looking at it. The courts can look at brand new bases for refusal. They can look at brand new information that the government department brings forward. It's really sort of dangling something for the Information Commissioner to have this power, and then it just adds a step, really. The order-making power is important, and if it were subject to an appeal or a review at the commissioner's order itself, that would make it much more powerful.
On October 23rd, 2017. See this statement in context.