Robert Bartosik v The Information Commissioner

Robert Bartosik v The Information Commissioner

The Tribunal has no jurisdiction to review the merits of the Commissioner's decision; the Commissioner took appropriate procedural steps and informed the Applicant of the outcome. The application is an attempt to challenge the substantive outcome, not a procedural failure, and has no reasonable prospect of success.

Source-derived case information.

Parties
Applicant: Robert Bartosik; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Application Under Section 166 Data Protection Act 1998 / Strike Out Application
Outcome
Application struck out
Legal Topics
Section 166 DPA 1998, Procedural Remedies, Regulatory Action, Tribunal Jurisdiction
Data Protection Administrative Law Section 166 DPA 1998 Procedural Remedies Regulatory Action Tribunal Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

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Parties

Robert Bartosik

Applicant

The Information Commissioner

Respondent

Procedural Posture

Application Under Section 166 Data Protection Act 1998 / Strike Out Application

Legal Issues

  1. 1 Whether the Information Commissioner failed in a procedural respect under section 166 DPA 1998
  2. 2 Whether the Tribunal can review the merits of the Commissioner's decision
  3. 3 Whether the Commissioner took appropriate steps to investigate the complaint

Ratio Decidendi

The Tribunal has no jurisdiction to review the merits of the Commissioner's decision; the Commissioner took appropriate procedural steps and informed the Applicant of the outcome. The application is an attempt to challenge the substantive outcome, not a procedural failure, and has no reasonable prospect of success.

Court Disposition

Application struck out

Orders

  • The application under section 166 of the Data Protection Act 1998 is struck out under rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.