Claire May v Information Commissioner

Claire May v Information Commissioner

The Tribunal lacks jurisdiction because the Information Commissioner has already provided an outcome to the complaint and taken appropriate procedural steps. Section 166 DPA 2018 only allows procedural orders and does not empower the Tribunal to review substantive outcomes or compel disclosure by the data controller. There is no reasonable prospect of the application succeeding.

Parties
Appellant: Claire May; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 May 2025
Procedural Posture
Application Under Section 166(2) Data Protection Act 2018 / Case Management Decision/strike Out
Outcome
application struck out for want of jurisdiction and no reasonable prospect of success
Legal Topics
Data Subject Access Request, Procedural Jurisdiction, Complaints Handling, Tribunal Powers
Data Protection Information Rights Data Subject Access Request Procedural Jurisdiction Complaints Handling Tribunal Powers

Case Brief

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Parties

Claire May

Appellant

Information Commissioner

Respondent

Procedural Posture

Application Under Section 166(2) Data Protection Act 2018 / Case Management Decision/strike Out

Legal Issues

  1. 1 Does the Tribunal have jurisdiction under section 166(2) DPA 2018 to order further steps by the Information Commissioner?
  2. 2 Has the Information Commissioner complied with procedural requirements under section 165 and 166 DPA 2018?
  3. 3 Can the Tribunal direct disclosure of personal data by the data controller under section 166?

Ratio Decidendi

The Tribunal lacks jurisdiction because the Information Commissioner has already provided an outcome to the complaint and taken appropriate procedural steps. Section 166 DPA 2018 only allows procedural orders and does not empower the Tribunal to review substantive outcomes or compel disclosure by the data controller. There is no reasonable prospect of the application succeeding.

Court Disposition

application struck out for want of jurisdiction and no reasonable prospect of success

Orders

  • The decision of Registrar Bamawo dated 17 October 2025 is set aside.
  • The proceedings are struck out under Rule 8(2)(a) and Rule 8(3)(a).