Fernando Melendez v The Information Commissioner

Fernando Melendez v The Information Commissioner

The Tribunal struck out the application because the Information Commissioner had already provided an outcome to Mr Melendez's complaint, the Tribunal's jurisdiction under Section 166 DPA18 is limited to procedural defects, and the application was in substance a challenge to the merits of the outcome, not a procedural omission.

Parties
Appellant: Fernando Melendez; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
30 April 2026
Procedural Posture
Information Rights Appeal / Strike Out Application
Outcome
application struck out
Legal Topics
Data Subject Access Request, Jurisdiction, Procedural Remedies
Data Protection Administrative Law Data Subject Access Request Jurisdiction Procedural Remedies

Case Brief

Summary, issues, holding and outcome

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Parties

Fernando Melendez

Appellant

Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Strike Out Application

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to consider the application under Section 166 DPA18 after the Information Commissioner has issued an outcome
  2. 2 Whether the application discloses any reasonable prospects of success under the procedural rules

Ratio Decidendi

The Tribunal struck out the application because the Information Commissioner had already provided an outcome to Mr Melendez's complaint, the Tribunal's jurisdiction under Section 166 DPA18 is limited to procedural defects, and the application was in substance a challenge to the merits of the outcome, not a procedural omission.

Court Disposition

application struck out

Orders

  • The application is struck out pursuant to rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.