Catherine Moore v The Information Commissioner

Catherine Moore v The Information Commissioner

The application discloses no reasonable prospect of success because section 166 DPA does not empower the Tribunal to order the substantive remedies sought by the Applicant, and the Commissioner took appropriate procedural steps in response to the complaint.

Parties
Applicant: Catherine Moore; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Information Rights Appeal / Strike Out Application Decided Without a Hearing
Outcome
Application struck out
Legal Topics
Subject Access Request, Section 166 Data Protection Act 2018, Tribunal Procedure, Jurisdictional Limits
Data Protection Information Rights Administrative Law Subject Access Request Section 166 Data Protection Act 2018 Tribunal Procedure Jurisdictional Limits

Case Brief

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Parties

Catherine Moore

Applicant

The Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Strike Out Application Decided Without a Hearing

Legal Issues

  1. 1 Whether the Information Commissioner failed to take appropriate steps in response to a section 165 DPA complaint
  2. 2 Whether the Tribunal has jurisdiction to order substantive remedies under section 166 DPA
  3. 3 Whether the application discloses a reasonable prospect of success

Ratio Decidendi

The application discloses no reasonable prospect of success because section 166 DPA does not empower the Tribunal to order the substantive remedies sought by the Applicant, and the Commissioner took appropriate procedural steps in response to the complaint.

Court Disposition

Application struck out

Orders

  • The application is struck out under rule 8(3)(c) of the 2009 Rules.