Barbara Rodgers v Information Commissioner

Barbara Rodgers v Information Commissioner

The applicant did not make a valid complaint under section 165 of the Data Protection Act 2018 regarding infringement of her personal data rights, and thus the Commissioner’s obligations under section 165 were not triggered. Even if a valid complaint was made, the Commissioner responded appropriately by letter dated 8 June 2021. There is no reasonable prospect of success for the applicant’s case and the Tribunal has no basis to intervene under section 166.

Parties
Applicant: Barbara Rogers; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
28 September 2022
Procedural Posture
Information Rights Appeal / Strike Out Application Determined on the Papers
Outcome
Application struck out
Legal Topics
GDPR, Section 165 Data Protection Act 2018, Section 166 Data Protection Act 2018, Right to Lodge Complaint, Tribunal Procedure, Strike Out Applications
Data Protection Information Rights GDPR Section 165 Data Protection Act 2018 Section 166 Data Protection Act 2018 Right to Lodge Complaint Tribunal Procedure Strike Out Applications

Case Brief

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Parties

Barbara Rogers

Applicant

Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Strike Out Application Determined on the Papers

Legal Issues

  1. 1 Whether the applicant made a valid complaint under section 165 of the Data Protection Act 2018
  2. 2 Whether the Information Commissioner failed to comply with obligations under section 165
  3. 3 Whether the Tribunal has jurisdiction to intervene under section 166

Ratio Decidendi

The applicant did not make a valid complaint under section 165 of the Data Protection Act 2018 regarding infringement of her personal data rights, and thus the Commissioner’s obligations under section 165 were not triggered. Even if a valid complaint was made, the Commissioner responded appropriately by letter dated 8 June 2021. There is no reasonable prospect of success for the applicant’s case and the Tribunal has no basis to intervene under section 166.

Court Disposition

Application struck out

Orders

  • Proceedings are struck out pursuant to rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.