Wright v Information Commissioner & Anor [2023] UKFTT 758 (GRC) (13 September 2023)

Wright v Information Commissioner & Anor [2023] UKFTT 758 (GRC) (13 September 2023)

The tribunal has no jurisdiction under section 166 DPA 1998 to consider challenges to the substantive outcome of a complaint or to the adequacy of reasons already given; the application is an attempt to use section 166 to achieve a different complaint outcome, which is not permitted.

Citation
[2023] UKFTT 758 (GRC)
Parties
Applicant: David Wright; Respondent: The Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
13 September 2023
Procedural Posture
Section 166 DPA 1998 Application / Strike Out Application Decided at Preliminary Stage
Outcome
Application struck out
Legal Topics
Section 166 Data Protection Act 1998, Legal Professional Privilege, Tribunal Jurisdiction, Adequacy of Reasons
Data Protection Administrative Law Section 166 Data Protection Act 1998 Legal Professional Privilege Tribunal Jurisdiction Adequacy of Reasons

Case Brief

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Parties

David Wright

Applicant

The Information Commissioner

Respondent

Procedural Posture

Section 166 DPA 1998 Application / Strike Out Application Decided at Preliminary Stage

Legal Issues

  1. 1 Whether the tribunal has jurisdiction under section 166 DPA 1998 to consider a challenge to the substantive outcome of a complaint
  2. 2 Whether the Information Commissioner failed to take appropriate steps in responding to the complaint, specifically by providing inadequate reasons

Ratio Decidendi

The tribunal has no jurisdiction under section 166 DPA 1998 to consider challenges to the substantive outcome of a complaint or to the adequacy of reasons already given; the application is an attempt to use section 166 to achieve a different complaint outcome, which is not permitted.

Court Disposition

Application struck out

Orders

  • The application under section 166 of the Data Protection Act 1998 is struck out.