Sandra Dennerlein v The Information Commissioner

Sandra Dennerlein v The Information Commissioner

The Tribunal has no jurisdiction under section 166 DPA to grant the relief sought by the appellant, as her complaint concerns the substantive outcome of the Information Commissioner's investigation, not a procedural failing. The application is an attempt to use section 166 DPA to achieve a different complaint outcome, which is impermissible.

Parties
Appellant: Sandra Dennerlein; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Information Rights Appeal / Strike Out Application
Outcome
appeal struck out
Legal Topics
Data Protection Act 2018, GDPR, Subject Access Requests, Tribunal Jurisdiction
Data Protection Information Rights Data Protection Act 2018 GDPR Subject Access Requests Tribunal Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Sandra Dennerlein

Appellant

The Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Strike Out Application

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under section 166 DPA to grant the relief sought by the appellant
  2. 2 Whether the Information Commissioner failed to take appropriate procedural steps under section 165 DPA

Ratio Decidendi

The Tribunal has no jurisdiction under section 166 DPA to grant the relief sought by the appellant, as her complaint concerns the substantive outcome of the Information Commissioner's investigation, not a procedural failing. The application is an attempt to use section 166 DPA to achieve a different complaint outcome, which is impermissible.

Court Disposition

appeal struck out

Orders

  • The appeal is struck out for want of jurisdiction.