Aamir Shahzad v The Information Commissioner

Aamir Shahzad v The Information Commissioner

The tribunal lacks jurisdiction to consider the application as it relates to the substance of the complaint outcome, not a procedural defect; section 166(2) DPA is strictly procedural and does not empower the tribunal to grant the remedies sought by the applicant.

Source-derived case information.

Parties
Applicant: Aamir Shahzad; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
19 December 2024
Procedural Posture
Application Under Section 166(2) of the Data Protection Act / Strike Out Determination
Outcome
application struck out
Legal Topics
Subject Access Request, Procedural Remedies, Jurisdiction, Complaint Handling
Data Protection Information Rights Subject Access Request Procedural Remedies Jurisdiction Complaint Handling

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Parties

Aamir Shahzad

Applicant

The Information Commissioner

Respondent

Procedural Posture

Application Under Section 166(2) of the Data Protection Act / Strike Out Determination

Legal Issues

  1. 1 Does the tribunal have jurisdiction to consider an application challenging the Commissioner’s handling of a subject access request under section 166(2) of the DPA?
  2. 2 Is there a right of appeal against the substance of a complaint outcome under the DPA?
  3. 3 Can the tribunal order the Commissioner to conduct an internal review or obtain medical notes in a specific format?

Ratio Decidendi

The tribunal lacks jurisdiction to consider the application as it relates to the substance of the complaint outcome, not a procedural defect; section 166(2) DPA is strictly procedural and does not empower the tribunal to grant the remedies sought by the applicant.

Court Disposition

application struck out

Orders

  • The application notice dated 15 August 2024 is struck out.
  • No further action will be taken in relation to it.