Jennifer Johnston v The Information Commissioner

Jennifer Johnston v The Information Commissioner

The Tribunal lacks jurisdiction because the Commissioner complied with all procedural requirements under section 165(4) of the Data Protection Act 2018, and no procedural failing was identified; the application has no reasonable prospect of success.

Parties
Applicant: Jennifer Johnston; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
17 March 2026
Procedural Posture
Application Under Data Protection Act 2018, Section 166 / Strike Out Determination
Outcome
Application struck out
Legal Topics
Procedural Compliance Under Data Protection Act, Jurisdiction of Tribunal, Section 165 and 166 DPA Applications
Data Protection Information Rights Procedural Compliance Under Data Protection Act Jurisdiction of Tribunal Section 165 and 166 DPA Applications

Case Brief

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Parties

Jennifer Johnston

Applicant

The Information Commissioner

Respondent

Procedural Posture

Application Under Data Protection Act 2018, Section 166 / Strike Out Determination

Legal Issues

  1. 1 Whether the Commissioner failed to take appropriate procedural steps under section 165(4) of the Data Protection Act 2018
  2. 2 Whether the Tribunal has jurisdiction under section 166(2) of the Data Protection Act 2018
  3. 3 Whether the application has a reasonable prospect of success

Ratio Decidendi

The Tribunal lacks jurisdiction because the Commissioner complied with all procedural requirements under section 165(4) of the Data Protection Act 2018, and no procedural failing was identified; the application has no reasonable prospect of success.

Court Disposition

Application struck out

Orders

  • Application struck out under rule 8(2)(a) and rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009
  • No anonymity direction granted