Gilbert Robertson v The Information Commissioner

Gilbert Robertson v The Information Commissioner

Section 166 DPA is limited to procedural failings and does not permit challenge to the substantive outcome of the Commissioner's investigation; since the Commissioner responded and communicated an outcome, the application has no reasonable prospect of success and must be struck out.

Parties
Appellant: Gilbert Robertson; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
19 July 2024
Procedural Posture
Strike Out Application / Final Determination
Outcome
application struck out
Legal Topics
GDPR, Data Protection Act 2018, Subject Access Request, Procedural Remedies
Data Protection Information Rights GDPR Data Protection Act 2018 Subject Access Request Procedural Remedies

Case Brief

Summary, issues, holding and outcome

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Parties

Gilbert Robertson

Appellant

The Information Commissioner

Respondent

Procedural Posture

Strike Out Application / Final Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under section 166 DPA to consider the application
  2. 2 Whether the application has a reasonable prospect of success under rule 8(3)(c) of the Tribunal Rules

Ratio Decidendi

Section 166 DPA is limited to procedural failings and does not permit challenge to the substantive outcome of the Commissioner's investigation; since the Commissioner responded and communicated an outcome, the application has no reasonable prospect of success and must be struck out.

Court Disposition

application struck out

Orders

  • The respondent’s strike out application is granted.
  • The applicant’s application is struck out under rule 8(3)(c) of the Tribunal Rules.