Gilbert Robertson v Information Commissioner

Gilbert Robertson v Information Commissioner

The Tribunal has no jurisdiction to consider the merits or substantive outcome of the Applicant's complaint or to grant the remedies sought, as section 166 DPA only allows for procedural orders. Since the Commissioner has provided an outcome, there is no reasonable prospect of the application succeeding.

Parties
Applicant: Gilbert Robertson; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
29 November 2024
Procedural Posture
Information Rights Data Protection Tribunal Application / Strike Out Application Decision on Papers
Outcome
Proceedings struck out under Rule 8(3)(c) for no reasonable prospect of success.
Legal Topics
Section 166 Data Protection Act 2018, Tribunal Jurisdiction, Procedural Orders, Information Commissioner's Duties
Data Protection Administrative Law Section 166 Data Protection Act 2018 Tribunal Jurisdiction Procedural Orders Information Commissioner's Duties

Case Brief

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Parties

Gilbert Robertson

Applicant

Information Commissioner

Respondent

Procedural Posture

Information Rights Data Protection Tribunal Application / Strike Out Application Decision on Papers

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to grant the remedies sought under section 166 DPA
  2. 2 Whether the application discloses a reasonable prospect of success under Rule 8(3)(c)

Ratio Decidendi

The Tribunal has no jurisdiction to consider the merits or substantive outcome of the Applicant's complaint or to grant the remedies sought, as section 166 DPA only allows for procedural orders. Since the Commissioner has provided an outcome, there is no reasonable prospect of the application succeeding.

Court Disposition

Proceedings struck out under Rule 8(3)(c) for no reasonable prospect of success.

Orders

  • The proceedings are struck out.