Tracey Neilsen v The Information Commissioner

Tracey Neilsen v The Information Commissioner

The Tribunal struck out the application because the Commissioner had provided an outcome to the complaint, fulfilling the procedural requirements of section 166(1) DPA 2018, and the Tribunal has no jurisdiction to consider the merits or substantive outcome of the complaint under section 166.

Parties
Appellant: Tracey Neilsen; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
17 December 2025
Procedural Posture
Information Rights Appeal / Application for Order Under Section 166(2) DPA 2018; Struck Out at Preliminary Stage
Outcome
application struck out
Legal Topics
Section 166 Data Protection Act 2018, Procedural Rights of Data Subjects, Scope of Tribunal Powers, ICO Complaint Outcomes
Data Protection Administrative Law Section 166 Data Protection Act 2018 Procedural Rights of Data Subjects Scope of Tribunal Powers ICO Complaint Outcomes

Case Brief

Summary, issues, holding and outcome

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Parties

Tracey Neilsen

Appellant

The Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Application for Order Under Section 166(2) DPA 2018; Struck Out at Preliminary Stage

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to order the Commissioner to reopen an investigation under section 166(2) DPA 2018
  2. 2 Whether the Commissioner failed to comply with procedural requirements under section 166(1) DPA 2018
  3. 3 Whether section 166 DPA 2018 allows challenge to the substantive outcome of an ICO complaint

Ratio Decidendi

The Tribunal struck out the application because the Commissioner had provided an outcome to the complaint, fulfilling the procedural requirements of section 166(1) DPA 2018, and the Tribunal has no jurisdiction to consider the merits or substantive outcome of the complaint under section 166.

Court Disposition

application struck out

Orders

  • The application is struck out under Rule 8(3)(c) of The Tribunal Procedure (First-tier Tribunal)(General Regulatory Chamber) Rules 2009.