Patrick Wainwright v The Information Commissioner
The tribunal lacks jurisdiction under section 166 DPA 1998 to review the substantive outcome of the Commissioner’s complaint process or to order further investigation once an outcome has been communicated; such challenges must be brought by judicial review in the High Court.
- Parties
- Applicant: Patrick Wainwright; Respondent: The Information Commissioner
- Jurisdiction
- England and Wales
- Judgment Date
- 17 November 2024
- Procedural Posture
- Application Under Section 166 Data Protection Act 1998 / Strike Out Application
- Outcome
- Application struck out
- Legal Topics
- Section 166 DPA 1998, Tribunal Jurisdiction, Remedies for Data Protection Complaints, Judicial Review
Case Brief
Summary, issues, holding and outcome
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Parties
Patrick Wainwright
Applicant
The Information Commissioner
Respondent
Procedural Posture
Application Under Section 166 Data Protection Act 1998 / Strike Out Application
Legal Issues
- 1 Whether the tribunal has jurisdiction to review the substantive outcome of a complaint to the Information Commissioner under section 166 DPA 1998
- 2 Whether the applicant's allegations of procedural flaws and irrationality are within the tribunal's remit or for judicial review
Ratio Decidendi
The tribunal lacks jurisdiction under section 166 DPA 1998 to review the substantive outcome of the Commissioner’s complaint process or to order further investigation once an outcome has been communicated; such challenges must be brought by judicial review in the High Court.
Court Disposition
Application struck out
Orders
- The application under section 166 of the Data Protection Act 1998 is struck out.
Full Case Text
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