Ashu Robertson v The Information Commissioner

Ashu Robertson v The Information Commissioner

The Tribunal lacks jurisdiction under s.166 DPA 2018 because the ICO had already issued an outcome letter, rendering the complaint no longer pending; therefore, the appeal has no reasonable prospects of success and must be struck out.

Parties
Applicant: Ashu Robertson; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
12 January 2023
Procedural Posture
Appeal / Strike Out Determination
Outcome
Appeal struck out
Legal Topics
GDPR, Procedural Remedies, Jurisdiction, Tribunal Powers
Data Protection Information Rights GDPR Procedural Remedies Jurisdiction Tribunal Powers

Case Brief

Summary, issues, holding and outcome

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Parties

Ashu Robertson

Applicant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Strike Out Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under s.166 DPA 2018 after the ICO has issued an outcome letter
  2. 2 Whether the Notice of Appeal has reasonable prospects of success

Ratio Decidendi

The Tribunal lacks jurisdiction under s.166 DPA 2018 because the ICO had already issued an outcome letter, rendering the complaint no longer pending; therefore, the appeal has no reasonable prospects of success and must be struck out.

Court Disposition

Appeal struck out

Orders

  • Notice of Appeal struck out
  • Application to Tribunal proceeds no further