Johnson v Information Commissioner [2023] UKFTT 676 (GRC) (17 August 2023)

Johnson v Information Commissioner [2023] UKFTT 676 (GRC) (17 August 2023)

The Tribunal's jurisdiction under section 166 DPA is limited to procedural issues; it cannot consider or grant remedies regarding the substantive outcome of complaints to the Information Commissioner. The Applicant's case, seeking substantive remedies, has no reasonable prospect of success and must be struck out.

Citation
[2023] UKFTT 676 (GRC)
Parties
Applicant: Lee Johnson; Respondent: Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
17 August 2023
Procedural Posture
Appeal Under Section 166(2) Data Protection Act 2018 / Strike Out Application Determined on the Papers
Outcome
Struck out
Legal Topics
Section 166 Data Protection Act 2018, Tribunal Jurisdiction, Procedural Remedies, Scope of Appeal
Data Protection Information Rights Section 166 Data Protection Act 2018 Tribunal Jurisdiction Procedural Remedies Scope of Appeal

Case Brief

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Parties

Lee Johnson

Applicant

Information Commissioner

Respondent

Procedural Posture

Appeal Under Section 166(2) Data Protection Act 2018 / Strike Out Application Determined on the Papers

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to consider the substantive outcome of a complaint to the Information Commissioner under section 166 DPA
  2. 2 Whether the application discloses a reasonable prospect of success under the procedural remit of section 166

Ratio Decidendi

The Tribunal's jurisdiction under section 166 DPA is limited to procedural issues; it cannot consider or grant remedies regarding the substantive outcome of complaints to the Information Commissioner. The Applicant's case, seeking substantive remedies, has no reasonable prospect of success and must be struck out.

Court Disposition

Struck out

Orders

  • The proceedings are struck out under Rule 8(3)(c) because there is no reasonable prospect of the Applicant's case, or part of it, succeeding.