Ben Peter Delo, R (on the application of) v The Information Commissioner & Anor

Ben Peter Delo, R (on the application of) v The Information Commissioner & Anor

The Information Commissioner is not legally obliged under UK GDPR or the Data Protection Act 2018 to investigate and reach a final conclusion on every complaint received; the Commissioner has lawful discretion to determine the extent of investigation and may lawfully decide to take no further action after limited inquiry. The Commissioner's decision in this case was lawful both procedurally and substantively.

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 After Substantive Hearing
Outcome
Claim for judicial review dismissed
Legal Topics
UK GDPR, Information Commissioner's Powers, Complaint Handling by Regulator, Judicial Remedies for Data Subjects, Scope of Regulatory Investigations
Data Protection Administrative Law Judicial Review UK GDPR Information Commissioner's Powers Complaint Handling by Regulator Judicial Remedies for Data Subjects Scope of Regulatory Investigations

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 After Substantive Hearing

Legal Issues

  1. 1 Whether the Information Commissioner is obliged under UK GDPR to investigate and reach a final conclusion on every complaint received
  2. 2 Lawfulness of the Commissioner's decision to take no further action on a complaint
  3. 3 Availability and adequacy of alternative remedies under the Data Protection Act 2018

Ratio Decidendi

The Information Commissioner is not legally obliged under UK GDPR or the Data Protection Act 2018 to investigate and reach a final conclusion on every complaint received; the Commissioner has lawful discretion to determine the extent of investigation and may lawfully decide to take no further action after limited inquiry. The Commissioner's decision in this case was lawful both procedurally and substantively.

Court Disposition

Claim for judicial review dismissed