Lee Johnson v Information Commissioner

Lee Johnson v Information Commissioner

The Tribunal has no jurisdiction under section 166 DPA to consider the substantive outcome of the Commissioner's decision; its powers are limited to procedural issues. The Applicant's case, being a challenge to the substantive outcome, has no reasonable prospect of success and must be struck out.

Parties
Applicant: Lee Johnson; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Data Protection Tribunal Appeal / Strike Out Application
Outcome
Struck out
Legal Topics
Section 166 Data Protection Act 2018, Tribunal Jurisdiction, Procedural Remedies, Substantive Outcome Challenge
Data Protection Information Rights Section 166 Data Protection Act 2018 Tribunal Jurisdiction Procedural Remedies Substantive Outcome Challenge

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Lee Johnson

Applicant

Information Commissioner

Respondent

Procedural Posture

Data Protection Tribunal Appeal / Strike Out Application

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under section 166 DPA to consider the substantive outcome of a complaint to the Information Commissioner
  2. 2 Whether the application discloses any reasonable prospect of success under section 166 DPA

Ratio Decidendi

The Tribunal has no jurisdiction under section 166 DPA to consider the substantive outcome of the Commissioner's decision; its powers are limited to procedural issues. The Applicant's case, being a challenge to the substantive outcome, has no reasonable prospect of success and must be struck out.

Court Disposition

Struck out

Orders

  • The proceedings are struck out under Rule 8(3)(c) because there is no reasonable prospect of the Applicant's case, or part of it, succeeding.