Delo, R (On the Application Of) v The Information Commissioner (Rev1) [2023] EWCA Civ 1141 (10 October 2023)

Delo, R (On the Application Of) v The Information Commissioner (Rev1) [2023] EWCA Civ 1141 (10 October 2023)

The Information Commissioner has a broad discretion to decide how to handle complaints, including whether to investigate and what form the outcome should take. The statutory scheme does not impose a duty to determine the merits of every complaint. The Commissioner acted lawfully in this case by providing an outcome without a merits determination.

Citation
[2023] EWCA Civ 1141
Parties
Claimant/appellant: Ben Peter Delo; Defendant/respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
10 October 2023
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
UK GDPR, Data Subject Access Requests, Regulatory Complaints, Commissioner's Discretion, Alternative Remedies
Data Protection Administrative Law Judicial Review UK GDPR Data Subject Access Requests Regulatory Complaints Commissioner's Discretion Alternative Remedies

Case Brief

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Parties

Ben Peter Delo

Claimant/appellant

The Information Commissioner

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Is the Information Commissioner obliged to reach a definitive decision on the merits of every data subject complaint?
  2. 2 Did the Commissioner act unlawfully by declining to investigate or determine the merits of Mr Delo's complaint?

Ratio Decidendi

The Information Commissioner has a broad discretion to decide how to handle complaints, including whether to investigate and what form the outcome should take. The statutory scheme does not impose a duty to determine the merits of every complaint. The Commissioner acted lawfully in this case by providing an outcome without a merits determination.

Court Disposition

Appeal dismissed

Orders

  • No order requiring the Commissioner to reopen or retake the investigation
  • No quashing of the Commissioner's decision