David King v The Information Commissioner

David King v The Information Commissioner

The Tribunal lacks jurisdiction to consider the substantive outcome or conduct of the Commissioner’s investigation under section 166 DPA 2018, as the Commissioner provided procedural outcomes within the statutory timeframe and the Applicant’s challenge concerns the merits and conduct, not procedural failings. There is no reasonable prospect of the appeal succeeding.

Parties
Applicant: David King; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
01 July 2026
Procedural Posture
Information Rights Appeal / Application for Order Under Section 166(2) DPA 2018; Striking Out Decision
Outcome
Application struck out
Legal Topics
Section 166 Data Protection Act 2018, Tribunal Jurisdiction, Procedural Rights, Information Commissioner's Powers
Data Protection Administrative Law Section 166 Data Protection Act 2018 Tribunal Jurisdiction Procedural Rights Information Commissioner's Powers

Case Brief

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Parties

David King

Applicant

The Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Application for Order Under Section 166(2) DPA 2018; Striking Out Decision

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under section 166(2) DPA 2018 to grant the remedies sought by the Applicant
  2. 2 Whether the Commissioner failed to comply with procedural requirements under section 166(1) DPA 2018

Ratio Decidendi

The Tribunal lacks jurisdiction to consider the substantive outcome or conduct of the Commissioner’s investigation under section 166 DPA 2018, as the Commissioner provided procedural outcomes within the statutory timeframe and the Applicant’s challenge concerns the merits and conduct, not procedural failings. There is no reasonable prospect of the appeal succeeding.

Court Disposition

Application struck out

Orders

  • The application is struck out under Rule 8(3)(c) of The Tribunal Procedure (First-tier Tribunal)(General Regulatory Chamber) Rules 2009.