Ann M Hubbard v The Information Commissioner

Ann M Hubbard v The Information Commissioner

The Tribunal has no jurisdiction to review or order the substantive outcome of a complaint under section 166 DPA 2018 once the Information Commissioner has provided an outcome; only procedural failings can be addressed, and none were found in this case.

Parties
Applicant: Ann M Hubbard; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
10 June 2025
Procedural Posture
Data Protection Tribunal Appeal / Strike Out Application and Final Decision
Outcome
Appeal struck out for want of jurisdiction and no reasonable prospect of success.
Legal Topics
Subject Access Request, Procedural Jurisdiction, Section 166 DPA 2018, Information Commissioner's Duties
Data Protection Administrative Law Subject Access Request Procedural Jurisdiction Section 166 DPA 2018 Information Commissioner's Duties

Case Brief

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Parties

Ann M Hubbard

Applicant

The Information Commissioner

Respondent

Procedural Posture

Data Protection Tribunal Appeal / Strike Out Application and Final Decision

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under section 166 DPA 2018 to order the Information Commissioner to issue a notice of non-compliance against a data controller
  2. 2 Whether the Information Commissioner failed to take appropriate procedural steps in handling the Applicant's complaint

Ratio Decidendi

The Tribunal has no jurisdiction to review or order the substantive outcome of a complaint under section 166 DPA 2018 once the Information Commissioner has provided an outcome; only procedural failings can be addressed, and none were found in this case.

Court Disposition

Appeal struck out for want of jurisdiction and no reasonable prospect of success.

Orders

  • The appeal is struck out under Rule 8(2)(a) and Rule 8(3)(a) of the Tribunal Procedure Rules.