Jefferson Moutinho Arnauth v The Information Commissioner [2023] UKFTT 217 (GRC) (28 February 2023)

Jefferson Moutinho Arnauth v The Information Commissioner [2023] UKFTT 217 (GRC) (28 February 2023)

The Tribunal lacks jurisdiction under s.166 DPA 2018 because the ICO had already issued an outcome letter, meaning the complaint was no longer pending and no procedural deficiency remained for the Tribunal to address.

Citation
[2023] UKFTT 217 (GRC)
Parties
Applicant: Jefferson Moutinho Arnauth; Respondent: The Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
28 February 2023
Procedural Posture
Appeal Under S.166 Data Protection Act 2018 / Strike Out Determination on the Papers
Outcome
Appeal struck out
Legal Topics
Section 166 Data Protection Act 2018, Tribunal Jurisdiction, Procedural Remedies, ICO Complaint Handling
Data Protection Information Rights Section 166 Data Protection Act 2018 Tribunal Jurisdiction Procedural Remedies ICO Complaint Handling

Case Brief

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Parties

Jefferson Moutinho Arnauth

Applicant

The Information Commissioner

Respondent

Procedural Posture

Appeal Under S.166 Data Protection Act 2018 / 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 because the ICO had already issued an outcome letter, meaning the complaint was no longer pending and no procedural deficiency remained for the Tribunal to address.

Court Disposition

Appeal struck out

Orders

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