Shimaa Hatab v Information Commissioner

Shimaa Hatab v Information Commissioner

Section 166 DPA only empowers the Tribunal to address procedural failings by the Commissioner, not to review the merits or adequacy of the investigation or outcome; as the Commissioner provided a response and review, there is no reasonable prospect of the Applicant's case succeeding.

Parties
Applicant: Shimaa Hatab; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Application Under Data Protection Act 2018 Section 166(2) / Strike Out Application Determined on the Papers
Outcome
Proceedings struck out for no reasonable prospect of success
Legal Topics
Procedural Remedies Under Data Protection Act, Jurisdiction of Tribunal Under Section 166 DPA, Scope of Information Commissioner's Duties
Data Protection Information Rights Procedural Remedies Under Data Protection Act Jurisdiction of Tribunal Under Section 166 DPA Scope of Information Commissioner's Duties

Case Brief

Summary, issues, holding and outcome

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Parties

Shimaa Hatab

Applicant

Information Commissioner

Respondent

Procedural Posture

Application Under Data Protection Act 2018 Section 166(2) / Strike Out Application Determined on the Papers

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to grant the remedies sought under section 166 DPA
  2. 2 Whether the Information Commissioner complied with procedural requirements under section 166(1) DPA
  3. 3 Whether the Applicant's challenge is to the procedure or the merits of the Commissioner's decision

Ratio Decidendi

Section 166 DPA only empowers the Tribunal to address procedural failings by the Commissioner, not to review the merits or adequacy of the investigation or outcome; as the Commissioner provided a response and review, there is no reasonable prospect of the Applicant's case succeeding.

Court Disposition

Proceedings struck out for no reasonable prospect of success

Orders

  • The proceedings are struck out under Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.