Moore v The Information Commissioner [2023] UKFTT 917 (GRC) (01 November 2023)

Moore v The Information Commissioner [2023] UKFTT 917 (GRC) (01 November 2023)

The Tribunal has no jurisdiction under section 166 DPA 2018 to order substantive remedies regarding the outcome of the Commissioner's investigation; its role is limited to procedural review. The Applicant's claims do not disclose a reasonable prospect of success as the Commissioner took appropriate steps in response to the complaint.

Citation
[2023] UKFTT 917 (GRC)
Parties
Applicant: Catherine Moore; Respondent: The Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
01 November 2023
Procedural Posture
First Tier Tribunal (general Regulatory Chamber) Information Rights Appeal / Strike Out Application Decided Without a Hearing
Outcome
Application struck out
Legal Topics
Subject Access Request, Section 166 Data Protection Act 2018, Procedural Fairness, Jurisdiction of Tribunal, Appropriate Steps by Regulator
Data Protection Information Rights Administrative Law Subject Access Request Section 166 Data Protection Act 2018 Procedural Fairness Jurisdiction of Tribunal Appropriate Steps by Regulator

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Parties

Catherine Moore

Applicant

The Information Commissioner

Respondent

Procedural Posture

First Tier Tribunal (general Regulatory Chamber) Information Rights Appeal / Strike Out Application Decided Without a Hearing

Legal Issues

  1. 1 Whether the Information Commissioner failed to take appropriate steps in response to a complaint under section 166 DPA 2018
  2. 2 Whether the Tribunal has jurisdiction to order substantive remedies regarding the outcome of the Commissioner's investigation
  3. 3 Whether the application discloses a reasonable prospect of success

Ratio Decidendi

The Tribunal has no jurisdiction under section 166 DPA 2018 to order substantive remedies regarding the outcome of the Commissioner's investigation; its role is limited to procedural review. The Applicant's claims do not disclose a reasonable prospect of success as the Commissioner took appropriate steps in response to the complaint.

Court Disposition

Application struck out

Orders

  • The application is struck out under rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.