Dennis Howard v The Information Commissioner

Dennis Howard v The Information Commissioner

The Tribunal has no jurisdiction to review or supervise the substantive outcome of a data protection complaint once the Information Commissioner has concluded their investigation; section 166 DPA 2018 provides only a procedural remedy for inaction, not a right of appeal against the outcome.

Parties
Applicant: Dennis Howard; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
22 October 2024
Procedural Posture
Tribunal Appeal / Strike Out Application
Outcome
Appeal struck out
Legal Topics
Right to Be Forgotten, Jurisdiction of Tribunal, Section 166 Data Protection Act 2018, Procedural Remedies
Data Protection Information Rights Right to Be Forgotten Jurisdiction of Tribunal Section 166 Data Protection Act 2018 Procedural Remedies

Case Brief

Summary, issues, holding and outcome

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Parties

Dennis Howard

Applicant

The Information Commissioner

Respondent

Procedural Posture

Tribunal Appeal / Strike Out Application

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to review the outcome of a data protection complaint under section 166 Data Protection Act 2018
  2. 2 Whether the application discloses any cause of action within the Tribunal's statutory powers

Ratio Decidendi

The Tribunal has no jurisdiction to review or supervise the substantive outcome of a data protection complaint once the Information Commissioner has concluded their investigation; section 166 DPA 2018 provides only a procedural remedy for inaction, not a right of appeal against the outcome.

Court Disposition

Appeal struck out

Orders

  • The Applicant’s application is granted; the appeal is struck out under Rule 8(2)(a) and Rule 8(3)(c) as an application that cannot be made to this Tribunal and with no prospect of success.