Ben Peter Delo, R (on the application of) v The Information Commissioner

Ben Peter Delo, R (on the application of) v The Information Commissioner

The UK GDPR and DPA 2018 do not require the Information Commissioner to determine the merits of every complaint. The Commissioner has a broad discretion to decide the extent of investigation and the form of outcome, provided he handles the complaint and informs the complainant of the outcome. The Commissioner lawfully exercised that discretion in this case by concluding, based on the available information, that no further action was required and informing Mr Delo accordingly.

Parties
Claimant/appellant: Ben Peter Delo; Defendant/respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Judicial Review (appeal) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
UK GDPR, Data Subject Access Requests, Regulatory Discretion, Judicial Review, Remedies Under Data Protection Law
Data Protection Administrative Law UK GDPR Data Subject Access Requests Regulatory Discretion Judicial Review Remedies Under Data Protection Law

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 under the UK GDPR?
  2. 2 If the Commissioner has discretion, was it exercised lawfully in this case by declining to investigate or determine the merits of the complaint?

Ratio Decidendi

The UK GDPR and DPA 2018 do not require the Information Commissioner to determine the merits of every complaint. The Commissioner has a broad discretion to decide the extent of investigation and the form of outcome, provided he handles the complaint and informs the complainant of the outcome. The Commissioner lawfully exercised that discretion in this case by concluding, based on the available information, that no further action was required and informing Mr Delo accordingly.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the Commissioner’s decisions are upheld.