Cortes v The Information Commissioner [2023] UKFTT 615 (GRC) (10 July 2023)

Cortes v The Information Commissioner [2023] UKFTT 615 (GRC) (10 July 2023)

The Tribunal has no jurisdiction to consider the substantive merits of the Information Commissioner's decision or to grant the remedies sought by the applicant. The application has no reasonable prospect of success and must be struck out under rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.

Citation
[2023] UKFTT 615 (GRC)
Parties
Applicant: Eduardo Cortes; Respondent: The Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
10 July 2023
Procedural Posture
Application Under Section 166 of the Data Protection Act 2018 / Strike Out Application Determined on the Papers
Outcome
Application struck out
Legal Topics
Section 166 Data Protection Act 2018, Jurisdiction of Tribunal, Appropriate Steps by Information Commissioner, Right to Complain Under GDPR
Data Protection Information Rights Administrative Law Section 166 Data Protection Act 2018 Jurisdiction of Tribunal Appropriate Steps by Information Commissioner Right to Complain Under GDPR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Eduardo Cortes

Applicant

The Information Commissioner

Respondent

Procedural Posture

Application Under Section 166 of the Data Protection Act 2018 / Strike Out Application Determined on the Papers

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to consider the merits of the Information Commissioner's substantive decision
  2. 2 Whether the Information Commissioner took appropriate steps under section 165 and 166 DPA 2018
  3. 3 Whether the applicant is entitled to costs

Ratio Decidendi

The Tribunal has no jurisdiction to consider the substantive merits of the Information Commissioner's decision or to grant the remedies sought by the applicant. The application has no reasonable prospect of success and must be struck out under rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.

Court Disposition

Application struck out

Orders

  • Proceedings struck out pursuant to rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 on the grounds that there is no reasonable prospect of it succeeding.