Matthew Cox v Information Commissioner

Matthew Cox v Information Commissioner

The Tribunal has no jurisdiction to award compensation or costs for GDPR breaches; the applicant's complaint did not raise any procedural defect in the Commissioner's handling under s.166 DPA 2018, and there is no realistic prospect of success on the remaining issues. The proceedings are therefore struck out.

Parties
Applicant: Mr Matthew Cox; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
25 August 2022
Procedural Posture
Information Rights Appeal / Strike Out Application Determination
Outcome
Application struck out
Legal Topics
GDPR, Data Subject Access Requests, Tribunal Jurisdiction, Compensation for Data Breach
Data Protection Information Rights GDPR Data Subject Access Requests Tribunal Jurisdiction Compensation for Data Breach

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Matthew Cox

Applicant

Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Strike Out Application Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to award compensation or costs for alleged GDPR breaches
  2. 2 Whether the Information Commissioner failed to take appropriate procedural steps under s.165 and s.166 Data Protection Act 2018
  3. 3 Whether the applicant's complaint raised substantive issues ignored by the Commissioner

Ratio Decidendi

The Tribunal has no jurisdiction to award compensation or costs for GDPR breaches; the applicant's complaint did not raise any procedural defect in the Commissioner's handling under s.166 DPA 2018, and there is no realistic prospect of success on the remaining issues. The proceedings are therefore struck out.

Court Disposition

Application struck out

Orders

  • Proceedings are struck out pursuant to rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.