Ben Peter Delo, R (on the application of) v The Information Commissioner
The UK GDPR and DPA 2018 do not require the Information Commissioner to determine the merits of every complaint. The Commissioner has a broad discretion to decide the extent of investigation and the form of outcome, provided he handles the complaint and informs the complainant of the outcome. The Commissioner lawfully exercised that discretion in this case by concluding, based on the available information, that no further action was required and informing Mr Delo accordingly.
Source excerpt
- Uk gdpr
- Data subject access requests
- Regulatory discretion
- Judicial review
- Remedies under data protection law