Delo, R (On the Application Of) v Information Commissioner & Anor [2022] EWHC 3046 (Admin) (02 December 2022)

Delo, R (On the Application Of) v Information Commissioner & Anor [2022] EWHC 3046 (Admin) (02 December 2022)

The Information Commissioner is not obliged under UK GDPR to investigate and reach a final conclusion on every complaint. The Commissioner has a broad discretion to determine the extent of investigation and may lawfully record a complaint without taking further action, provided the process is consistent with the observance objective and subject to judicial review. The list of possible outcomes of a complaint as set out by the ICO is lawful.

Citation
[2022] EWHC 3046 (Admin)
Parties
Claimant: Ben Peter Delo; Defendant: The Information Commissioner; Interested Party: Wise Payments Limited
Jurisdiction
England and Wales
Judgment Date
02 December 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
UK GDPR, Information Commissioner's Powers, Complaint Handling, Article 77 UK GDPR, Article 57 UK GDPR, Data Subject Access Rights
Data Protection Administrative Law Judicial Review UK GDPR Information Commissioner's Powers Complaint Handling Article 77 UK GDPR Article 57 UK GDPR +1 more

Case Brief

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Parties

Ben Peter Delo

Claimant

The Information Commissioner

Defendant

Wise Payments Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Information Commissioner is obliged under UK GDPR to investigate and reach a final conclusion on every complaint made to him
  2. 2 Whether the Commissioner's practice of recording complaints without further action is lawful

Ratio Decidendi

The Information Commissioner is not obliged under UK GDPR to investigate and reach a final conclusion on every complaint. The Commissioner has a broad discretion to determine the extent of investigation and may lawfully record a complaint without taking further action, provided the process is consistent with the observance objective and subject to judicial review. The list of possible outcomes of a complaint as set out by the ICO is lawful.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.
  • The Commissioner's decision to take no further action on the complaint is upheld.