Athanasios Kandias v Information Commissioner

Athanasios Kandias v Information Commissioner

The Tribunal cannot make an order to progress the complaint because the Commissioner has now dealt with it, and the Tribunal has no power under section 166 DPA to consider the merits or substantive outcome of the complaint. There is no reasonable prospect of the case succeeding.

Parties
Applicant: Athanasios Kandias; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
24 October 2024
Procedural Posture
Application Under Section 166(2) Data Protection Act 2018 / Strike Out Decision
Outcome
proceedings struck out
Legal Topics
Subject Access Request, Procedural Remedies, Jurisdiction of Tribunal
Data Protection Information Rights Subject Access Request Procedural Remedies Jurisdiction of Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

Athanasios Kandias

Applicant

Information Commissioner

Respondent

Procedural Posture

Application Under Section 166(2) Data Protection Act 2018 / Strike Out Decision

Legal Issues

  1. 1 Whether the Tribunal can grant the remedies sought under section 166 DPA
  2. 2 Whether the application should be struck out for no reasonable prospect of success

Ratio Decidendi

The Tribunal cannot make an order to progress the complaint because the Commissioner has now dealt with it, and the Tribunal has no power under section 166 DPA to consider the merits or substantive outcome of the complaint. There is no reasonable prospect of the case succeeding.

Court Disposition

proceedings struck out

Orders

  • The proceedings are struck out under Rule 8(3)(c) because there is no reasonable prospect of the Applicant's case, or part of it, succeeding.