Tianli Cui v Information Commissioner

Tianli Cui v Information Commissioner

The Tribunal has no jurisdiction under section 166 DPA to consider the merits or substantive outcome of the Applicant's complaint; its powers are limited to procedural issues. The Applicant is challenging the substantive outcome, and therefore the case has no reasonable prospect of success.

Parties
Applicant: Tianli Cui; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
12 March 2024
Procedural Posture
Data Protection Tribunal Application / Strike Out Application Determination
Outcome
Proceedings struck out
Legal Topics
Section 166 Data Protection Act 2018, Tribunal Jurisdiction, Procedural Remedies, Information Rights
Data Protection Law Administrative Law Section 166 Data Protection Act 2018 Tribunal Jurisdiction Procedural Remedies Information Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Tianli Cui

Applicant

Information Commissioner

Respondent

Procedural Posture

Data Protection Tribunal Application / Strike Out Application Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under section 166 DPA to consider the merits of the Applicant's complaint
  2. 2 Whether the Applicant's case has a reasonable prospect of success

Ratio Decidendi

The Tribunal has no jurisdiction under section 166 DPA to consider the merits or substantive outcome of the Applicant's complaint; its powers are limited to procedural issues. The Applicant is challenging the substantive outcome, and therefore the case has no reasonable prospect of success.

Court Disposition

Proceedings struck out

Orders

  • The proceedings are struck out under Rule 8(3)(c) because there is no reasonable prospect of the Applicant's case, or part of it, succeeding.