Eduardo Cortes v The Information Commissioner

Eduardo Cortes v The Information Commissioner

The Tribunal has no jurisdiction to consider the merits of the Information Commissioner's substantive findings or to grant the remedies sought by the Applicant under section 166 DPA 2018. The application has no reasonable prospect of success and must be struck out.

Parties
Applicant: Eduardo Cortes; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Application Under Section 166 of the Data Protection Act 2018 / Strike Out Application Determination
Outcome
Application struck out
Legal Topics
Section 166 Data Protection Act 2018, Jurisdiction of Tribunal, Appropriate Steps by Information Commissioner, Right to Complain Under GDPR
Data Protection Information Rights Section 166 Data Protection Act 2018 Jurisdiction of Tribunal Appropriate Steps by Information Commissioner Right to Complain Under GDPR

Case Brief

Summary, issues, holding and outcome

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Parties

Eduardo Cortes

Applicant

The Information Commissioner

Respondent

Procedural Posture

Application Under Section 166 of the Data Protection Act 2018 / Strike Out Application Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to consider the merits of the Information Commissioner's response to a complaint under section 166 DPA 2018
  2. 2 Whether the Information Commissioner took appropriate steps as required by section 165 DPA 2018
  3. 3 Whether the Applicant is entitled to costs

Ratio Decidendi

The Tribunal has no jurisdiction to consider the merits of the Information Commissioner's substantive findings or to grant the remedies sought by the Applicant under section 166 DPA 2018. The application has no reasonable prospect of success and must be struck out.

Court Disposition

Application struck out

Orders

  • Proceedings are struck out pursuant to rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 as there is no reasonable prospect of success.