William James Bunton v The Information Commissioner

William James Bunton v The Information Commissioner

The Information Commissioner committed a procedural error by applying a strict three-month time limit to refuse investigation of the applicant's complaint, contrary to his own service standards and established case law. This procedural failure was not corrected on review, and the Tribunal has power to order the Commissioner to take appropriate steps to respond to the complaint without relying on time limits.

Parties
Applicant: William James Bunton; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Application Under Section 166 DPA 2018 / Final Judgment
Outcome
Application succeeds
Legal Topics
Subject Access Request, Procedural Error, Complaint Handling, Time Limits
Data Protection Administrative Law Subject Access Request Procedural Error Complaint Handling Time Limits

Case Brief

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Parties

William James Bunton

Applicant

The Information Commissioner

Respondent

Procedural Posture

Application Under Section 166 DPA 2018 / Final Judgment

Legal Issues

  1. 1 Whether the Information Commissioner failed to take appropriate steps to respond to the applicant's complaint by relying on a strict three-month time limit
  2. 2 Whether the procedural error was corrected on review
  3. 3 Whether the Tribunal should make an order under section 166(2) DPA 2018

Ratio Decidendi

The Information Commissioner committed a procedural error by applying a strict three-month time limit to refuse investigation of the applicant's complaint, contrary to his own service standards and established case law. This procedural failure was not corrected on review, and the Tribunal has power to order the Commissioner to take appropriate steps to respond to the complaint without relying on time limits.

Court Disposition

Application succeeds

Orders

  • The Information Commissioner is ordered to take appropriate steps to respond to the Applicant’s complaint by providing a new response which does not rely on time limits for bringing a complaint.
  • The Information Commissioner is to provide this response within 56 days of the date of promulgation of this decision.