John Windas v Information Commissioner

John Windas v Information Commissioner

The Tribunal lacks jurisdiction to consider the merits or appropriateness of the outcome provided by the Commissioner in response to the appellant's complaint, and the application has no reasonable prospect of success.

Parties
Appellant: John Windas; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
30 April 2025
Procedural Posture
Information Rights Appeal / Striking Out Application for Lack of Jurisdiction
Outcome
application struck out
Legal Topics
Subject Access Request, Jurisdiction, Procedural Requirements, Complaint Handling
Data Protection Information Rights Subject Access Request Jurisdiction Procedural Requirements Complaint Handling

Case Brief

Summary, issues, holding and outcome

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Parties

John Windas

Appellant

Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Striking Out Application for Lack of Jurisdiction

Legal Issues

  1. 1 Does the Tribunal have jurisdiction to hear an application challenging the outcome of the Information Commissioner's handling of a subject access request complaint?
  2. 2 Can the Tribunal order the Commissioner to take further steps after an outcome has been provided?

Ratio Decidendi

The Tribunal lacks jurisdiction to consider the merits or appropriateness of the outcome provided by the Commissioner in response to the appellant's complaint, and the application has no reasonable prospect of success.

Court Disposition

application struck out

Orders

  • The application is struck out under Rule 8(2)(a) and 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.
  • No consideration of extension of time.