Samantha Bellamy v The Information Commissioner

Samantha Bellamy v The Information Commissioner

The Tribunal lacks jurisdiction to hear an appeal against the outcome of an Information Commissioner investigation under section 166 Data Protection Act 2018, and has no power to order rectification of medical opinion in records. The application has no realistic prospect of success and must be struck out.

Source-derived case information.

Parties
Appellant: Samantha Bellamy; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
13 February 2025
Procedural Posture
Appeal / Strike Out Application Determination
Outcome
Appeal struck out
Legal Topics
GDPR, Data Rectification, Jurisdiction of Tribunal, Medical Records, Section 166 Data Protection Act 2018
Data Protection Information Rights GDPR Data Rectification Jurisdiction of Tribunal Medical Records Section 166 Data Protection Act 2018

Source-derived case record

Summary, issues, holding and outcome

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Parties

Samantha Bellamy

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Strike Out Application Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to hear an appeal against the outcome of an Information Commissioner investigation under section 166 Data Protection Act 2018
  2. 2 Whether the Tribunal can order rectification of medical records containing disputed medical opinion
  3. 3 Whether the application has any realistic prospect of success

Ratio Decidendi

The Tribunal lacks jurisdiction to hear an appeal against the outcome of an Information Commissioner investigation under section 166 Data Protection Act 2018, and has no power to order rectification of medical opinion in records. The application has no realistic prospect of success and must be struck out.

Court Disposition

Appeal struck out

Orders

  • The Respondent’s application to strike out the application of the Applicant is granted.
  • The appeal is struck out under Rule 8(2)(a) and Rule 8(3)(c) of the Tribunal Rules.