Professor David Gordon v The Information Commissioner

Professor David Gordon v The Information Commissioner

The Tribunal does not have jurisdiction to grant the relief sought because section 166 DPA 2018 is limited to procedural failings, not substantive outcomes. The Information Commissioner provided an outcome to the complaint and took appropriate steps, so no further procedural steps are required. The application is struck out as there is no reasonable prospect of success and the Tribunal cannot grant the requested orders.

Parties
Applicant: Professor David Gordon; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
02 April 2026
Procedural Posture
Application Under Section 166(2) Data Protection Act 2018 / Strike Out Decision
Outcome
Application struck out for lack of jurisdiction and no reasonable prospect of success.
Legal Topics
Data Subject Access Request, Procedural Jurisdiction, Freedom of Information, Regulatory Enforcement
Data Protection Information Rights Data Subject Access Request Procedural Jurisdiction Freedom of Information Regulatory Enforcement

Case Brief

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Parties

Professor David Gordon

Applicant

The Information Commissioner

Respondent

Procedural Posture

Application Under Section 166(2) Data Protection Act 2018 / Strike Out Decision

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to grant the relief sought under section 166(2) DPA 2018
  2. 2 Whether the Information Commissioner failed in any procedural respect under section 166(1) DPA 2018
  3. 3 Whether the Tribunal can consider the substantive outcome of the complaint

Ratio Decidendi

The Tribunal does not have jurisdiction to grant the relief sought because section 166 DPA 2018 is limited to procedural failings, not substantive outcomes. The Information Commissioner provided an outcome to the complaint and took appropriate steps, so no further procedural steps are required. The application is struck out as there is no reasonable prospect of success and the Tribunal cannot grant the requested orders.

Court Disposition

Application struck out for lack of jurisdiction and no reasonable prospect of success.

Orders

  • Proceedings struck out under Rule 8(2)(a) and Rule 8(3)(c).