Khandoker Nasir Uzzaman v The Information Commissioner

Khandoker Nasir Uzzaman v The Information Commissioner

The Tribunal lacks jurisdiction under s. 166 DPA 2018 because the Information Commissioner had already issued an outcome letter, meaning the complaint was no longer pending and no procedural deficiency remained for the Tribunal to address.

Parties
Applicant: Khandoker Nasir Uzzaman; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
19 January 2023
Procedural Posture
Appeal / Strike Out Determination
Outcome
Appeal struck out
Legal Topics
Section 166 Data Protection Act 2018, Jurisdiction of Tribunal, Procedural Remedies
Data Protection Information Rights Section 166 Data Protection Act 2018 Jurisdiction of Tribunal Procedural Remedies

Case Brief

Summary, issues, holding and outcome

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Parties

Khandoker Nasir Uzzaman

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 Information Commissioner has issued an outcome letter
  2. 2 Whether the Notice of Appeal has any reasonable prospects of success

Ratio Decidendi

The Tribunal lacks jurisdiction under s. 166 DPA 2018 because the Information Commissioner had already issued an outcome letter, meaning the complaint was no longer pending and no procedural deficiency remained for the Tribunal to address.

Court Disposition

Appeal struck out

Orders

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