Hubbard v The Information Commissioner [2025] UKFTT 1183 (GRC) (03 October 2025)

Hubbard v The Information Commissioner [2025] UKFTT 1183 (GRC) (03 October 2025)

The Tribunal has no jurisdiction under section 166 DPA 2018 to order the Information Commissioner to issue a statutory notice of non-compliance or to review the substantive outcome of a complaint once an outcome has been provided. The Tribunal's powers are limited to procedural failings, and as the Commissioner...

Source-derived case information.

Citation
[2025] UKFTT 1183 (GRC)
Parties
Applicant: ANN M Hubbard; Respondent: THE INFORMATION COMMISSIONER
Jurisdiction
United Kingdom
Judgment Date
03 October 2025
Procedural Posture
Information Rights Appeal / Strike Out Application Decided Without a Hearing
Outcome
Appeal struck out for lack of jurisdiction and no reasonable prospect of success.
Legal Topics
Subject Access Request, Procedural Jurisdiction, Section 166 DPA 2018, Tribunal Powers
Data Protection Information Rights Administrative Law Subject Access Request Procedural Jurisdiction Section 166 DPA 2018 Tribunal Powers

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Summary, issues, holding and outcome

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Parties

ANN M Hubbard

Applicant

THE INFORMATION COMMISSIONER

Respondent

Procedural Posture

Information Rights Appeal / Strike Out Application Decided Without a Hearing

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under section 166 DPA 2018 to order the Information Commissioner to issue a statutory notice of non-compliance against a data controller
  2. 2 Whether the Information Commissioner failed to take appropriate procedural steps in handling the Applicant's complaint

Ratio Decidendi

The Tribunal has no jurisdiction under section 166 DPA 2018 to order the Information Commissioner to issue a statutory notice of non-compliance or to review the substantive outcome of a complaint once an outcome has been provided. The Tribunal's powers are limited to procedural failings, and as the Commissioner investigated and provided an outcome, no further procedural steps were required.

Court Disposition

Appeal struck out for lack of jurisdiction and no reasonable prospect of success.

Orders

  • Proceedings struck out under Rule 8(2)(a) and Rule 8(3)(a)