Rossella D’agostino v The Information Commissioner

Rossella D’agostino v The Information Commissioner

The Tribunal lacks jurisdiction under section 166(2) DPA 2018 because the Information Commissioner provided an outcome to the complaint and took appropriate procedural steps; section 166 does not permit review of the substantive outcome, and there are no further procedural failings to address.

Parties
Applicant: Rossella D’Agostino; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
25 March 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, Redaction of Personal Data, Section 166 DPA 2018
Data Protection Information Rights Data Subject Access Request Procedural Jurisdiction Redaction of Personal Data Section 166 DPA 2018

Case Brief

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Parties

Rossella D’Agostino

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 under section 166(2) DPA 2018 to review the Information Commissioner's handling of the Applicant's complaint
  2. 2 Whether there are further appropriate procedural steps the Information Commissioner should have taken
  3. 3 Whether the Application is challenging the substantive outcome rather than procedural steps

Ratio Decidendi

The Tribunal lacks jurisdiction under section 166(2) DPA 2018 because the Information Commissioner provided an outcome to the complaint and took appropriate procedural steps; section 166 does not permit review of the substantive outcome, and there are no further procedural failings to address.

Court Disposition

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

Orders

  • The Application is struck out under Rule 8(2)(a) because the Tribunal does not have jurisdiction to deal with it.
  • The Application is struck out under Rule 8(3)(c) because there is no reasonable prospect of it succeeding.