Gramam Nightingale v The Information Commissioner

Gramam Nightingale v The Information Commissioner

The Tribunal has no power under section 166 DPA to consider the merits or substantive outcome of a complaint; its jurisdiction is limited to procedural failings, and the Commissioner has taken appropriate procedural steps.

Parties
Applicant: Gramam Nightingale; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Application Under Section 166(2) Data Protection Act 2018 / Strike Out Decision
Outcome
Struck out
Legal Topics
Section 166 Data Protection Act, Procedural Jurisdiction, Complaint Handling
Data Protection Information Rights Section 166 Data Protection Act Procedural Jurisdiction Complaint Handling

Case Brief

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Parties

Gramam Nightingale

Applicant

Information Commissioner

Respondent

Procedural Posture

Application Under Section 166(2) Data Protection Act 2018 / Strike Out Decision

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to consider the substantive outcome of a complaint under section 166 DPA
  2. 2 Whether the Commissioner failed to take appropriate procedural steps under section 166(1) DPA

Ratio Decidendi

The Tribunal has no power under section 166 DPA to consider the merits or substantive outcome of a complaint; its jurisdiction is limited to procedural failings, and the Commissioner has taken appropriate procedural steps.

Court Disposition

Struck out

Orders

  • The proceedings are struck out under Rule 8(3)(c) because there is no reasonable prospect of the Applicant's case, or part of it, succeeding.