Higgins v The Information Commissioner [2025] UKFTT 1094 (GRC) (15 September 2025)

Higgins v The Information Commissioner [2025] UKFTT 1094 (GRC) (15 September 2025)

The Tribunal's jurisdiction under section 166 DPA is limited to procedural issues. The Commissioner provided an outcome and a reviewed outcome to the complaint, fulfilling procedural obligations. The Appellant's challenge concerns the substantive outcome, which is outside the Tribunal's powers. There is no reasonable prospect of the case succeeding; therefore, the proceedings are struck out.

Citation
[2025] UKFTT 1094 (GRC)
Parties
Appellant: Bridget Higgins; Respondent: The Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
15 September 2025
Procedural Posture
Information Rights Appeal / Strike Out Application Decided Without a Hearing
Outcome
Proceedings struck out
Legal Topics
Section 166 Data Protection Act 2018, Tribunal Jurisdiction, Procedural Remedies, Information Commissioner's Powers
Data Protection Administrative Law Section 166 Data Protection Act 2018 Tribunal Jurisdiction Procedural Remedies Information Commissioner's Powers

Case Brief

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Parties

Bridget Higgins

Appellant

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 to consider the merits of the Information Commissioner's decision under section 166 DPA
  2. 2 Whether the Commissioner failed to comply with procedural requirements under section 166(1) DPA
  3. 3 Whether there is a reasonable prospect of the applicant's case succeeding

Ratio Decidendi

The Tribunal's jurisdiction under section 166 DPA is limited to procedural issues. The Commissioner provided an outcome and a reviewed outcome to the complaint, fulfilling procedural obligations. The Appellant's challenge concerns the substantive outcome, which is outside the Tribunal's powers. There is no reasonable prospect of the case succeeding; therefore, the proceedings are struck out.

Court Disposition

Proceedings struck out

Orders

  • The proceedings are struck out under Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal)(General Regulatory Chamber) Rules 2009.