Alice Florence Gann v Information Commissioner

Alice Florence Gann v Information Commissioner

The Tribunal has no jurisdiction under section 166 DPA to consider the merits or substantive outcome of the complaint; the Commissioner took appropriate procedural steps by investigating and providing an outcome, and the application discloses no reasonable prospect of success.

Parties
Applicant: Alice Florence Gann; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
12 March 2024
Procedural Posture
Information Rights / Data Protection Tribunal Application / Strike Out Application / Final Determination
Outcome
Proceedings struck out for no reasonable prospect of success.
Legal Topics
Section 166 Data Protection Act 2018, Tribunal Jurisdiction, Procedural Remedies, ICO Complaints
Data Protection Information Rights Administrative Law Section 166 Data Protection Act 2018 Tribunal Jurisdiction Procedural Remedies ICO Complaints

Case Brief

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Parties

Alice Florence Gann

Applicant

Information Commissioner

Respondent

Procedural Posture

Information Rights / Data Protection Tribunal Application / Strike Out Application / Final Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under section 166 DPA to consider the merits of the complaint
  2. 2 Whether the Commissioner failed to take appropriate procedural steps under section 166 DPA
  3. 3 Whether the application discloses a reasonable prospect of success

Ratio Decidendi

The Tribunal has no jurisdiction under section 166 DPA to consider the merits or substantive outcome of the complaint; the Commissioner took appropriate procedural steps by investigating and providing an outcome, and the application discloses no reasonable prospect of success.

Court Disposition

Proceedings struck out for no reasonable prospect of success.

Orders

  • The proceedings are struck out under Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.