Ashu v Information Commissioner [2023] UKFTT 383 (GRC) (19 April 2023)

Ashu v Information Commissioner [2023] UKFTT 383 (GRC) (19 April 2023)

The Tribunal lacks jurisdiction under s. 166 DPA 2018 once an outcome letter has been issued, and the Notice of Appeal has no reasonable prospects of success as the Tribunal cannot interfere with the Information Commissioner's decision to take no further action.

Citation
[2023] UKFTT 383 (GRC)
Parties
Applicant: Ashu Mathia Ashu; Respondent: The Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
19 April 2023
Procedural Posture
Appeal / Strike Out Determination
Outcome
Appeal struck out
Legal Topics
Section 166 Data Protection Act 2018, Tribunal Jurisdiction, Procedural Remedies
Data Protection Information Rights Section 166 Data Protection Act 2018 Tribunal Jurisdiction Procedural Remedies

Case Brief

Summary, issues, holding and outcome

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Parties

Ashu Mathia Ashu

Applicant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Strike Out Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under s. 166 DPA 2018 after an outcome letter has been issued
  2. 2 Whether the Notice of Appeal has reasonable prospects of success

Ratio Decidendi

The Tribunal lacks jurisdiction under s. 166 DPA 2018 once an outcome letter has been issued, and the Notice of Appeal has no reasonable prospects of success as the Tribunal cannot interfere with the Information Commissioner's decision to take no further action.

Court Disposition

Appeal struck out

Orders

  • The application to the Tribunal is struck out and will proceed no further.