Edward Yan v The Information Commissioner

Edward Yan v The Information Commissioner

The Tribunal struck out both applications because Mr Yan had already received all that the Tribunal could order under section 166(2) DPA18, and the applications had no reasonable prospect of success. The Tribunal has no jurisdiction to review the merits of the Information Commissioner's decisions or to grant the remedies sought.

Parties
Applicant: Edward Yan; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Tribunal Application (information Rights) / Strike Out Application Determined on the Papers
Outcome
Applications struck out
Legal Topics
Section 166 Data Protection Act 2018, Subject Access Requests, Tribunal Jurisdiction, Procedural Remedies
Data Protection Information Rights Administrative Law Section 166 Data Protection Act 2018 Subject Access Requests Tribunal Jurisdiction Procedural Remedies

Case Brief

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Parties

Edward Yan

Applicant

The Information Commissioner

Respondent

Procedural Posture

Tribunal Application (information Rights) / Strike Out Application Determined on the Papers

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to grant the remedies sought under section 166 Data Protection Act 2018 after the Information Commissioner has responded to the complaints
  2. 2 Whether the applications have any reasonable prospect of success

Ratio Decidendi

The Tribunal struck out both applications because Mr Yan had already received all that the Tribunal could order under section 166(2) DPA18, and the applications had no reasonable prospect of success. The Tribunal has no jurisdiction to review the merits of the Information Commissioner's decisions or to grant the remedies sought.

Court Disposition

Applications struck out

Orders

  • Applications EA/2021/0338.GDPR and EA/2021/0381.GDPR are both struck out pursuant to rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.