Robert Bartosik v The Information Commissioner

Robert Bartosik v The Information Commissioner

The Applicant's 15 March 2022 correspondence constituted a new complaint based on changed factual circumstances, and the Information Commissioner failed to take appropriate steps to respond to this new complaint, contrary to s166(1)(a) DPA 2018.

Parties
Applicant: Robert Bartosik; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
15 December 2022
Procedural Posture
Data Protection Tribunal Application / Judgment on Application Under Section 166(2) Data Protection Act 2018
Outcome
Application allowed in part
Legal Topics
Procedural Obligations of Information Commissioner, Right to Erasure, Restriction of Processing, Tribunal Powers Under S166 DPA 2018
Data Protection Information Rights Procedural Obligations of Information Commissioner Right to Erasure Restriction of Processing Tribunal Powers Under S166 DPA 2018

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Parties

Robert Bartosik

Applicant

The Information Commissioner

Respondent

Procedural Posture

Data Protection Tribunal Application / Judgment on Application Under Section 166(2) Data Protection Act 2018

Legal Issues

  1. 1 Whether the Information Commissioner failed to take appropriate steps to respond to a new complaint under s166(1)(a) DPA 2018
  2. 2 Whether the Applicant's 15 March 2022 complaint was a new complaint or a duplicate of the earlier complaint

Ratio Decidendi

The Applicant's 15 March 2022 correspondence constituted a new complaint based on changed factual circumstances, and the Information Commissioner failed to take appropriate steps to respond to this new complaint, contrary to s166(1)(a) DPA 2018.

Court Disposition

Application allowed in part

Orders

  • The Commissioner must take appropriate steps to respond to the Applicant’s 15 March 2022 complaint by registering and considering it in line with statutory functions.
  • The Commissioner must inform the Applicant within 28 days of the progress of the complaint and the date an outcome will be provided.