Spencer v Information Commissioner [2025] UKFTT 1133 (GRC) (25 September 2025)

Spencer v Information Commissioner [2025] UKFTT 1133 (GRC) (25 September 2025)

The Tribunal has no jurisdiction under section 166 DPA 2018 to grant the substantive relief sought by the Applicant, as an outcome was provided to the complaint and the Tribunal's powers are limited to procedural matters. There is no realistic prospect of the Application succeeding.

Citation
[2025] UKFTT 1133 (GRC)
Parties
Applicant: Ian David Spencer; Respondent: Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
25 September 2025
Procedural Posture
Application Under Section 166(2) Data Protection Act 2018 / Struck Out at Preliminary Stage, Decided Without Hearing
Outcome
Application struck out for lack of jurisdiction and no realistic prospect of success.
Legal Topics
Subject Access Request, Tribunal Jurisdiction, Procedural Orders, Data Protection Act 2018, GDPR
Data Protection Information Rights Subject Access Request Tribunal Jurisdiction Procedural Orders Data Protection Act 2018 GDPR

Case Brief

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Parties

Ian David Spencer

Applicant

Information Commissioner

Respondent

Procedural Posture

Application Under Section 166(2) Data Protection Act 2018 / Struck Out at Preliminary Stage, Decided Without Hearing

Legal Issues

  1. 1 Does the Tribunal have jurisdiction to order the Information Commissioner to progress a complaint under section 166 DPA 2018?
  2. 2 Has the Information Commissioner failed to take appropriate procedural steps in handling the Applicant's complaint?
  3. 3 Can the Tribunal compel a public authority (Tower House Surgery) to provide information under section 166 DPA 2018?

Ratio Decidendi

The Tribunal has no jurisdiction under section 166 DPA 2018 to grant the substantive relief sought by the Applicant, as an outcome was provided to the complaint and the Tribunal's powers are limited to procedural matters. There is no realistic prospect of the Application succeeding.

Court Disposition

Application struck out for lack of jurisdiction and no realistic prospect of success.

Orders

  • Application struck out under Rule 8(2)(a) and Rule 8(3)(c)