S R Wieleman v Information Commissioner

S R Wieleman v Information Commissioner

The Tribunal found that the Information Commissioner had taken appropriate procedural steps by providing an outcome to the complaint, namely that there was no UK connection and thus no enforcement powers were available. There was no basis for an order under s.166 as the statutory requirements were satisfied and nothing further remained for the Commissioner to do.

Parties
Applicant: S R Wieleman; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
31 October 2022
Procedural Posture
Information Rights Tribunal Application / Final Decision After Consideration Without a Hearing
Outcome
Application dismissed
Legal Topics
Subject Access Request, Jurisdiction of Information Commissioner, Procedural Obligations Under Data Protection Act 2018, Territorial Scope of UK GDPR
Data Protection Administrative Law Subject Access Request Jurisdiction of Information Commissioner Procedural Obligations Under Data Protection Act 2018 Territorial Scope of UK GDPR

Case Brief

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Parties

S R Wieleman

Applicant

Information Commissioner

Respondent

Procedural Posture

Information Rights Tribunal Application / Final Decision After Consideration Without a Hearing

Legal Issues

  1. 1 Whether the Information Commissioner took appropriate procedural steps in response to the applicant's complaint under s.165 and s.166 of the Data Protection Act 2018
  2. 2 Whether the Information Commissioner is the relevant supervisory authority for a data controller based outside the UK
  3. 3 Whether the applicant is entitled to an order requiring further action by the Commissioner

Ratio Decidendi

The Tribunal found that the Information Commissioner had taken appropriate procedural steps by providing an outcome to the complaint, namely that there was no UK connection and thus no enforcement powers were available. There was no basis for an order under s.166 as the statutory requirements were satisfied and nothing further remained for the Commissioner to do.

Court Disposition

Application dismissed