Dr. Stephen Fox v Information Commissioner

Dr. Stephen Fox v Information Commissioner

The Tribunal has no jurisdiction to review the merits or outcome of the ICO's response; the ICO has provided an outcome and progressed the complaint, so there is no reasonable prospect of success for the application under s.166.

Parties
Applicant: Dr. Stephen Fox; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
09 June 2024
Procedural Posture
Application Under Data Protection Act 2018, S.166 / Striking Out at Preliminary Stage
Outcome
Application struck out for no reasonable prospect of success.
Legal Topics
Subject Access Request, Procedural Remedies, ICO Complaint Handling, Jurisdiction of Tribunal
Data Protection Administrative Law Subject Access Request Procedural Remedies ICO Complaint Handling Jurisdiction of Tribunal

Case Brief

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Parties

Dr. Stephen Fox

Applicant

Information Commissioner

Respondent

Procedural Posture

Application Under Data Protection Act 2018, S.166 / Striking Out at Preliminary Stage

Legal Issues

  1. 1 Whether the Information Commissioner failed to take appropriate steps to respond to the applicant's complaint under s.166(1) of the Data Protection Act 2018
  2. 2 Whether the Tribunal has jurisdiction to review the substantive outcome of the ICO's investigation
  3. 3 Whether the application has a reasonable prospect of success

Ratio Decidendi

The Tribunal has no jurisdiction to review the merits or outcome of the ICO's response; the ICO has provided an outcome and progressed the complaint, so there is no reasonable prospect of success for the application under s.166.

Court Disposition

Application struck out for no reasonable prospect of success.

Orders

  • Application struck out pursuant to Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.