Eduardo Cortes v The Information Commissioner

Eduardo Cortes v The Information Commissioner

Section 166 DPA 2018 is limited to procedural failings in the handling of complaints by the Information Commissioner and does not permit the Tribunal to review or overturn the merits or outcome of the Commissioner’s decision. As the applicant’s complaint had reached an outcome, there was no procedural defect for the Tribunal to remedy and no jurisdiction to grant permission to appeal.

Parties
Applicant: Mr Eduardo Cortes; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
01 December 2023
Procedural Posture
Application for Permission to Appeal (data Protection) / Upper Tribunal (administrative Appeals Chamber) – Determination of Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Section 166 Data Protection Act 2018, Procedural Remedies for Data Subject Complaints, Jurisdiction of Tribunal Vs High Court, Interpretation of UK GDPR Obligations
Data Protection Law Administrative Law Section 166 Data Protection Act 2018 Procedural Remedies for Data Subject Complaints Jurisdiction of Tribunal Vs High Court Interpretation of UK GDPR Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Eduardo Cortes

Applicant

The Information Commissioner

Respondent

Procedural Posture

Application for Permission to Appeal (data Protection) / Upper Tribunal (administrative Appeals Chamber) – Determination of Application for Permission to Appeal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law in striking out the applicant’s section 166 DPA 2018 application
  2. 2 Whether section 166 DPA 2018 allows challenge to the merits of the Information Commissioner’s outcome or is limited to procedural failings
  3. 3 Whether the Commissioner’s handling of the complaint was sufficient under the statutory scheme

Ratio Decidendi

Section 166 DPA 2018 is limited to procedural failings in the handling of complaints by the Information Commissioner and does not permit the Tribunal to review or overturn the merits or outcome of the Commissioner’s decision. As the applicant’s complaint had reached an outcome, there was no procedural defect for the Tribunal to remedy and no jurisdiction to grant permission to appeal.

Court Disposition

Permission to appeal refused