Shahina Chowdhury v The Information Commissioner

Shahina Chowdhury v The Information Commissioner

The Tribunal's jurisdiction under s.166 Data Protection Act 2018 is limited to procedural failings by the Commissioner. The applicant's case did not identify any such failing, nor any deficiency in the Commissioner's investigation. The application had no reasonable prospect of success and was struck out.

Parties
Appellant: Ms Shahina Chowdhury; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
24 August 2022
Procedural Posture
Information Rights Appeal / Strike Out Application
Outcome
proceedings struck out
Legal Topics
Data Protection Act 2018, Section 166 Applications, Procedural Failings, Jurisdiction of Tribunal
Data Protection Information Rights Data Protection Act 2018 Section 166 Applications Procedural Failings Jurisdiction of Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Shahina Chowdhury

Appellant

Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Strike Out Application

Legal Issues

  1. 1 Whether the Information Commissioner failed procedurally under s.166 Data Protection Act 2018
  2. 2 Whether the Tribunal has jurisdiction to order attendance of MI5, MI6, GCHQ or compensation
  3. 3 Whether the application has any reasonable prospect of success

Ratio Decidendi

The Tribunal's jurisdiction under s.166 Data Protection Act 2018 is limited to procedural failings by the Commissioner. The applicant's case did not identify any such failing, nor any deficiency in the Commissioner's investigation. The application had no reasonable prospect of success and was struck out.

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.