Thomas Deacon v The Information Commissioner
The Tribunal struck out the application because section 166 DPA only provides a procedural remedy and does not allow the Tribunal to consider the merits of the Commissioner's decision or provide a substantive remedy. The Commissioner had already responded and communicated the outcome to the applicant, so the application had no reasonable prospect of success.
- Parties
- Appellant: Thomas Deacon; Respondent: The Information Commissioner
- Jurisdiction
- England and Wales
- Judgment Date
- 07 August 2024
- Procedural Posture
- Information Rights Appeal / Strike Out Application
- Outcome
- application struck out
- Legal Topics
- GDPR, Data Protection Act 2018, Subject Access Request, Tribunal Jurisdiction, Procedural Remedies
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Thomas Deacon
Appellant
The Information Commissioner
Respondent
Procedural Posture
Information Rights Appeal / Strike Out Application
Legal Issues
- 1 Whether the Tribunal has jurisdiction under section 166 DPA to consider the merits of the Commissioner's decision
- 2 Whether the application should be struck out for having no reasonable prospect of success
Ratio Decidendi
The Tribunal struck out the application because section 166 DPA only provides a procedural remedy and does not allow the Tribunal to consider the merits of the Commissioner's decision or provide a substantive remedy. The Commissioner had already responded and communicated the outcome to the applicant, so the application had no reasonable prospect of success.
Court Disposition
application struck out
Orders
- The respondent's strike out application is granted.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment