G Brida v The Information Commissioner

G Brida v The Information Commissioner

The Tribunal has no jurisdiction under section 166 DPA 2018 to order further steps or review the merits of the Commissioner's outcome once an investigation has concluded and an outcome has been provided. The application is an impermissible attempt to challenge the substantive outcome under the guise of a procedural complaint.

Parties
Applicant: Mr G Brida; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
27 September 2024
Procedural Posture
Information Rights Appeal / Strike Out Application Determination
Outcome
Application struck out
Legal Topics
Section 166 Data Protection Act 2018, Jurisdiction of First Tier Tribunal, Procedural Remedies Under Data Protection Act, Legal Professional Privilege, ICO Complaint Procedures
Data Protection Law Administrative Law Section 166 Data Protection Act 2018 Jurisdiction of First Tier Tribunal Procedural Remedies Under Data Protection Act Legal Professional Privilege ICO Complaint Procedures

Case Brief

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Parties

Mr G Brida

Applicant

The Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Strike Out Application Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under section 166 DPA 2018 to order further steps after an outcome has been provided
  2. 2 Whether the application is an impermissible attempt to challenge the merits of the ICO's decision under the guise of a procedural complaint

Ratio Decidendi

The Tribunal has no jurisdiction under section 166 DPA 2018 to order further steps or review the merits of the Commissioner's outcome once an investigation has concluded and an outcome has been provided. The application is an impermissible attempt to challenge the substantive outcome under the guise of a procedural complaint.

Court Disposition

Application struck out

Orders

  • The Respondent’s application to strike out the application of the Applicant is granted.
  • The appeal is struck out under Rule 8(2)(a) as an application that cannot be made to this Tribunal and under Rule 8(3)(c) on the basis that there is no prospect of the application being successful.