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England and Wales decisions
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The Tribunal struck out an application under section 166 DPA 2018, holding it lacked jurisdiction because the Commissioner had already given an outcome and the challenge was substantive.
The Tribunal dismissed Andrew White’s section 166 appeal, holding the Information Commissioner had already provided an outcome and had not missed any required procedural step.
The Tribunal has no power to order the Information Commissioner to take further steps after an outcome has been provided; the case is struck out as there is no reasonable prospect of success under Rule 8(3)(c).
Source excerpt
The Tribunal struck out the application because the Information Commissioner had already provided an outcome to the complaint, there were no further procedural steps required, and section 166 DPA 2018 does not confer jurisdiction to review the merits or depth of the investigation. The Tribunal's powers are strictly procedural and do not extend to ordering substantive remedies or compliance.
Source excerpt
The Information Commissioner provided an outcome to the Applicant's complaint and review, fulfilling the procedural requirements of section 165(4) DPA 2018. There are no further appropriate procedural steps to be taken, and the Tribunal has no jurisdiction to consider the merits or direct further investigation. The application has no reasonable prospect of success and is struck out under Rule 8(3)(a).
Source excerpt
The First-tier Tribunal struck out Jean-Luc Jules’s appeal because no Freedom of Information decision notice had been served, so the Tribunal lacked jurisdiction.
The Tribunal struck out Jonathan Allweis’s section 166 DPA 2018 appeal, holding there was no reasonable prospect of success because the complaint challenged the merits, not procedure.
The Tribunal struck out Ms Bruno’s appeal, holding it had no jurisdiction under section 166 DPA 2018 to revisit the substance of the Information Commissioner’s outcome.
The First-tier Tribunal struck out a section 166 DPA 2018 application, holding that the Information Commissioner had already provided outcomes and that the Tribunal cannot review the merits.
The High Court refused HMRC’s bid for a preliminary hearing to narrow an enforcement application about SAR compliance, ordering instead a single hearing.
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