Paul John Calvert v Information Commissioner

Paul John Calvert v Information Commissioner

The Tribunal has no jurisdiction under s.166 DPA 2018 to review the substantive outcome of the Commissioner's investigation; the applicant's challenge concerns the merits, not a procedural failing. The Commissioner discharged his statutory duty, and there is no realistic prospect of a s.166 direction being made.

Source-derived case information.

Parties
Applicant: Mr Paul John Calvert; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
16 November 2022
Procedural Posture
Information Rights Appeal / Strike Out Application
Outcome
Proceedings struck out
Legal Topics
UK GDPR Article 16, Data Rectification, Tribunal Jurisdiction, Procedural Fairness
Data Protection Administrative Law UK GDPR Article 16 Data Rectification Tribunal Jurisdiction Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Paul John Calvert

Applicant

Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Strike Out Application

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under s.166 DPA 2018 to review the substantive outcome of the Information Commissioner's investigation
  2. 2 Whether the Commissioner failed to take appropriate procedural steps in handling the complaint

Ratio Decidendi

The Tribunal has no jurisdiction under s.166 DPA 2018 to review the substantive outcome of the Commissioner's investigation; the applicant's challenge concerns the merits, not a procedural failing. The Commissioner discharged his statutory duty, and there is no realistic prospect of a s.166 direction being made.

Court Disposition

Proceedings struck out

Orders

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