Christopher Hart v The Information Commissioner

Christopher Hart v The Information Commissioner

The Tribunal has no jurisdiction to reinstate or proceed with applications/appeals under section 166 DPA 2018 where the Information Commissioner has already issued an outcome; the Tribunal cannot review the merits or supervise the investigation, and such applications must be struck out for lack of jurisdiction and no reasonable prospect of success.

Parties
Appellant: Christopher Hart; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
15 January 2025
Procedural Posture
Appeal (first Tier Tribunal, General Regulatory Chamber, Information Rights) / Order on Application to Reinstate Appeals/applications and Strike Out Applications
Outcome
Majority of appeals/applications struck out; two appeals reinstated; review and contempt applications refused/dismissed.
Legal Topics
GDPR Appeals, Section 166 Data Protection Act 2018, FOIA Appeals, Tribunal Jurisdiction, Strike Out Applications, Case Management
Data Protection Freedom of Information Administrative Law GDPR Appeals Section 166 Data Protection Act 2018 FOIA Appeals Tribunal Jurisdiction Strike Out Applications +1 more

Case Brief

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Parties

Christopher Hart

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal (first Tier Tribunal, General Regulatory Chamber, Information Rights) / Order on Application to Reinstate Appeals/applications and Strike Out Applications

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to reinstate or proceed with appeals/applications after outcomes have been issued by the Information Commissioner
  2. 2 Whether the Tribunal can review or overturn the merits of the Information Commissioner's decisions under section 166 DPA 2018
  3. 3 Whether the applications/appeals should be struck out for lack of jurisdiction or reasonable prospect of success

Ratio Decidendi

The Tribunal has no jurisdiction to reinstate or proceed with applications/appeals under section 166 DPA 2018 where the Information Commissioner has already issued an outcome; the Tribunal cannot review the merits or supervise the investigation, and such applications must be struck out for lack of jurisdiction and no reasonable prospect of success.

Court Disposition

Majority of appeals/applications struck out; two appeals reinstated; review and contempt applications refused/dismissed.

Orders

  • Appeals EA.2018.0239.GDPR, EA.2018.0240.GDPR, EA.2019.0022.GDPR, EA.2019.0023.GDPR, EA.2019.0033.GDPR, EA.2021.0130.GDPR, EA.2022.0206.GDPR, EA.2022.0420.GDPR not reinstated and struck out under Rule 8(2)(a).
  • Appeal EA.2021.0144 not reinstated and struck out (separate decision notice).