Katherine Bishop v The Information Commissioner

Katherine Bishop v The Information Commissioner

The Tribunal struck out the application because the Information Commissioner had provided an outcome to the applicant's complaint and taken appropriate procedural steps, leaving no further procedural failings for the Tribunal to address under section 166 DPA 2018. The Tribunal lacks jurisdiction to review the substantive outcome or grant the remedies sought.

Parties
Applicant: Katherine Bishop; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
14 October 2025
Procedural Posture
Application Under Section 166(2) of the Data Protection Act 2018 / Strike Out Decision at First Instance Tribunal
Outcome
Application struck out for want of jurisdiction and no reasonable prospect of success.
Legal Topics
Subject Access Request, Procedural Jurisdiction, Information Rights, Tribunal Powers, GDPR Compliance
Data Protection Administrative Law Subject Access Request Procedural Jurisdiction Information Rights Tribunal Powers GDPR Compliance

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Parties

Katherine Bishop

Applicant

The Information Commissioner

Respondent

Procedural Posture

Application Under Section 166(2) of the Data Protection Act 2018 / Strike Out Decision at First Instance Tribunal

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under section 166(2) DPA 2018 to consider the application
  2. 2 Whether the Information Commissioner failed to take appropriate procedural steps in handling the complaint
  3. 3 Whether the remedies sought by the applicant are within the Tribunal's powers

Ratio Decidendi

The Tribunal struck out the application because the Information Commissioner had provided an outcome to the applicant's complaint and taken appropriate procedural steps, leaving no further procedural failings for the Tribunal to address under section 166 DPA 2018. The Tribunal lacks jurisdiction to review the substantive outcome or grant the remedies sought.

Court Disposition

Application struck out for want of jurisdiction and no reasonable prospect of success.

Orders

  • The application is struck out under Rule 8(2)(a) because the Tribunal does not have jurisdiction to deal with it.
  • The application is struck out under Rule 8(3)(a) because there is no reasonable prospect of it succeeding.