Phillips v Information Commissioner [2025] UKFTT 307 (GRC) (12 March 2025)

Phillips v Information Commissioner [2025] UKFTT 307 (GRC) (12 March 2025)

The Tribunal's jurisdiction under section 166 DPA is limited to procedural failings by the Commissioner. As the Applicant had received a response to his email and no ongoing procedural failing remained, there was no reasonable prospect of the case succeeding. The Tribunal cannot address the substantive outcome of the complaint.

Citation
[2025] UKFTT 307 (GRC)
Parties
Applicant: David Phillips; Respondent: Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
12 March 2025
Procedural Posture
Data Protection Tribunal Appeal / Strike Out Application Determined on the Papers
Outcome
Struck out
Legal Topics
Section 166 Data Protection Act 2018, Tribunal Jurisdiction, Procedural Failings, Information Rights
Data Protection Administrative Law Section 166 Data Protection Act 2018 Tribunal Jurisdiction Procedural Failings Information Rights

Case Brief

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Parties

David Phillips

Applicant

Information Commissioner

Respondent

Procedural Posture

Data Protection Tribunal Appeal / Strike Out Application Determined on the Papers

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under section 166 DPA to grant the remedies sought by the Applicant
  2. 2 Whether there was a procedural failing by the Information Commissioner justifying an order under section 166 DPA

Ratio Decidendi

The Tribunal's jurisdiction under section 166 DPA is limited to procedural failings by the Commissioner. As the Applicant had received a response to his email and no ongoing procedural failing remained, there was no reasonable prospect of the case succeeding. The Tribunal cannot address the substantive outcome of the complaint.

Court Disposition

Struck out

Orders

  • Proceedings are struck out under Rule 8(3)(c) as there is no reasonable prospect of the Applicant's case succeeding.