Shallow v The Information Commissioner [2025] UKFTT 974 (GRC) (06 August 2025)

Shallow v The Information Commissioner [2025] UKFTT 974 (GRC) (06 August 2025)

The Tribunal's jurisdiction under Section 166 DPA 2018 is limited to procedural failings. The Information Commissioner provided an outcome and took appropriate steps. There is no reasonable prospect of the appeal succeeding as no procedural failing exists.

Citation
[2025] UKFTT 974 (GRC)
Parties
Applicant: Dr Piers Shallow; Respondent: The Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
06 August 2025
Procedural Posture
Appeal Under Data Protection Act 2018 Section 166(2) / Strike Out Application, Final Determination
Outcome
Appeal struck out
Legal Topics
Procedural Requirements Under Data Protection Act 2018, Jurisdiction of Tribunal Under Section 166, Commissioner's Discretion in Complaint Handling
Data Protection Information Rights Procedural Requirements Under Data Protection Act 2018 Jurisdiction of Tribunal Under Section 166 Commissioner's Discretion in Complaint Handling

Case Brief

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Parties

Dr Piers Shallow

Applicant

The Information Commissioner

Respondent

Procedural Posture

Appeal Under Data Protection Act 2018 Section 166(2) / Strike Out Application, Final Determination

Legal Issues

  1. 1 Whether the Information Commissioner failed to take appropriate procedural steps under Section 166(1) DPA 2018
  2. 2 Whether the Tribunal has jurisdiction to consider substantive outcome of complaints under Section 166

Ratio Decidendi

The Tribunal's jurisdiction under Section 166 DPA 2018 is limited to procedural failings. The Information Commissioner provided an outcome and took appropriate steps. There is no reasonable prospect of the appeal succeeding as no procedural failing exists.

Court Disposition

Appeal struck out

Orders

  • Appeal struck out under Rule 8(3)(c) for no reasonable prospect of success
  • Applicant's cross-application to strike out Respondent's application refused