Lei Yang v The Information Commissioner

Lei Yang v The Information Commissioner

The Information Commissioner provided an outcome to the complaint and took steps that, though limited, were appropriate in the circumstances. The Tribunal, giving weight to the Commissioner's expert discretion and considering the statutory framework, found no reasonable prospect of the application succeeding. The application was therefore struck out under rule 8(3)(c) of the Tribunal Procedure Rules 2009.

Parties
Applicant: Lei Yang; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
03 November 2026
Procedural Posture
Information Rights Tribunal Application / Strike Out Application Decided Without a Hearing
Outcome
Application struck out for having no reasonable prospect of success
Legal Topics
Section 165 and 166 Data Protection Act 2018, Jurisdiction of Tribunal, Appropriate Steps by Regulator, Strike Out Applications
Data Protection Administrative Law Section 165 and 166 Data Protection Act 2018 Jurisdiction of Tribunal Appropriate Steps by Regulator Strike Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Lei Yang

Applicant

The Information Commissioner

Respondent

Procedural Posture

Information Rights Tribunal Application / Strike Out Application Decided Without a Hearing

Legal Issues

  1. 1 Whether the Information Commissioner failed to take appropriate steps to respond to the applicant's complaint under section 165 DPA 2018
  2. 2 Whether the Information Commissioner failed to provide information about progress or outcome of the complaint within statutory timeframes
  3. 3 Whether the Tribunal should strike out the application for having no reasonable prospect of success

Ratio Decidendi

The Information Commissioner provided an outcome to the complaint and took steps that, though limited, were appropriate in the circumstances. The Tribunal, giving weight to the Commissioner's expert discretion and considering the statutory framework, found no reasonable prospect of the application succeeding. The application was therefore struck out under rule 8(3)(c) of the Tribunal Procedure Rules 2009.

Court Disposition

Application struck out for having no reasonable prospect of success

Orders

  • The application is struck out under rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.