Tansel Adacan v The Information Commissioner

Tansel Adacan v The Information Commissioner

The Tribunal does not have jurisdiction under section 166 DPA 2018 to grant the outcomes sought by the Applicant because the Information Commissioner provided an outcome to the complaint and took appropriate procedural steps. Section 166 is limited to procedural failings, not the substantive outcome, and there are no further appropriate steps for the IC to take. The application is therefore struck out for lack of jurisdiction and no reasonable prospect of success.

Parties
Applicant: Tansel Adacan; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
02 May 2026
Procedural Posture
Information Rights Data Protection Tribunal Application / Strike Out Application Decision Without Hearing
Outcome
Application struck out for lack of jurisdiction and no reasonable prospect of success
Legal Topics
Section 166 Data Protection Act 2018, Article 17 UK GDPR (right to Erasure), Procedural Jurisdiction of Tribunal, Regulatory Discretion, Article 77 UK GDPR, Section 165 Data Protection Act 2018
Data Protection Information Rights Administrative Law Section 166 Data Protection Act 2018 Article 17 UK GDPR (right to Erasure) Procedural Jurisdiction of Tribunal Regulatory Discretion Article 77 UK GDPR +1 more

Case Brief

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Parties

Tansel Adacan

Applicant

The Information Commissioner

Respondent

Procedural Posture

Information Rights Data Protection Tribunal Application / Strike Out Application Decision Without Hearing

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under section 166 DPA 2018 to order the Information Commissioner to take further steps in response to the Applicant's complaint
  2. 2 Whether the Information Commissioner failed to take appropriate procedural steps in handling the Applicant's complaint
  3. 3 Whether the Tribunal can consider the substantive outcome of the complaint or is limited to procedural failings

Ratio Decidendi

The Tribunal does not have jurisdiction under section 166 DPA 2018 to grant the outcomes sought by the Applicant because the Information Commissioner provided an outcome to the complaint and took appropriate procedural steps. Section 166 is limited to procedural failings, not the substantive outcome, and there are no further appropriate steps for the IC to take. The application is therefore struck out for lack of jurisdiction and no reasonable prospect of success.

Court Disposition

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

Orders

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