Irwin Ramsay v The Information Commissioner

Irwin Ramsay v The Information Commissioner

The Tribunal has no jurisdiction to consider an appeal against the substantive outcome of an ICO investigation under section 166 DPA 2018; the application is hopeless and must be struck out.

Parties
Applicant: Irwin Ramsay; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
09 February 2024
Procedural Posture
Appeal / Strike Out Application Decided on the Papers
Outcome
Appeal struck out
Legal Topics
Section 166 Data Protection Act 2018, Jurisdiction of Tribunal, Procedural Remedies, ICO Investigation, Appeal Rights
Data Protection Information Rights Section 166 Data Protection Act 2018 Jurisdiction of Tribunal Procedural Remedies ICO Investigation Appeal Rights

Case Brief

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Parties

Irwin Ramsay

Applicant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Strike Out Application Decided on the Papers

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to consider an appeal against the substantive outcome of an ICO investigation under section 166 DPA 2018
  2. 2 Whether the Tribunal can supervise or mandate the performance of the Information Commissioner's functions
  3. 3 Whether the application has any prospect of success

Ratio Decidendi

The Tribunal has no jurisdiction to consider an appeal against the substantive outcome of an ICO investigation under section 166 DPA 2018; the application is hopeless and must be struck out.

Court Disposition

Appeal struck out

Orders

  • The Applicant’s application dated 13th June 2024 to strike out the application is granted.
  • The appeal is struck out under Rule 8(2)(a) and Rule 8(3)(c) of The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009.