Jefferson Moutinho Arnauth v The Information Commissioner

Jefferson Moutinho Arnauth v The Information Commissioner

The Tribunal lacks jurisdiction under s.166 DPA 2018 because the ICO has already issued an outcome letter, meaning the complaint is no longer pending and the appeal has no reasonable prospects of success.

Parties
Applicant: Jefferson Moutinho Arnauth; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
28 February 2023
Procedural Posture
Appeal / Strike Out Determination
Outcome
Appeal struck out
Legal Topics
GDPR, Data Protection Act 2018, Tribunal Jurisdiction
Data Protection Information Rights GDPR Data Protection Act 2018 Tribunal Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Jefferson Moutinho Arnauth

Applicant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Strike Out Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under s.166 DPA 2018 after the ICO has issued an outcome letter
  2. 2 Whether the appeal has reasonable prospects of success

Ratio Decidendi

The Tribunal lacks jurisdiction under s.166 DPA 2018 because the ICO has already issued an outcome letter, meaning the complaint is no longer pending and the appeal has no reasonable prospects of success.

Court Disposition

Appeal struck out

Orders

  • The application to the Tribunal is struck out and will proceed no further.