Adams v The Information Commissioner [2023] UKFTT 36 (GRC) (12 January 2023)

Adams v The Information Commissioner [2023] UKFTT 36 (GRC) (12 January 2023)

The Tribunal lacks jurisdiction under s. 166 DPA 2018 once the ICO has issued an outcome letter, as the complaint is no longer pending and the Tribunal cannot review the merits of the ICO's decision.

Source-derived case information.

Citation
[2023] UKFTT 36 (GRC)
Parties
Applicant: Ivor Adams; Respondent: The Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
12 January 2023
Procedural Posture
Appeal / Strike Out Determination on the Papers
Outcome
Appeal struck out
Legal Topics
Section 166 Data Protection Act 2018, Tribunal Jurisdiction, ICO Complaint Procedure
Data Protection Information Rights Section 166 Data Protection Act 2018 Tribunal Jurisdiction ICO Complaint Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ivor Adams

Applicant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Strike Out Determination on the Papers

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under s. 166 DPA 2018 after the ICO has issued an outcome letter
  2. 2 Whether the appeal has any reasonable prospects of success

Ratio Decidendi

The Tribunal lacks jurisdiction under s. 166 DPA 2018 once the ICO has issued an outcome letter, as the complaint is no longer pending and the Tribunal cannot review the merits of the ICO's decision.

Court Disposition

Appeal struck out

Orders

  • The application to the Tribunal is struck out and will proceed no further.