Mauer v The Information Commissioner [2023] UKFTT 70 (GRC) (20 January 2023)

Mauer v The Information Commissioner [2023] UKFTT 70 (GRC) (20 January 2023)

The Tribunal lacks jurisdiction under s.166 DPA 2018 because the Information Commissioner issued an outcome letter, rendering the complaint no longer pending; therefore, the appeal has no reasonable prospects of success and must be struck out.

Citation
[2023] UKFTT 70 (GRC)
Parties
Applicant: Marco Mauer; Respondent: The Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
20 January 2023
Procedural Posture
Appeal / Strike Out Determination
Outcome
Appeal struck out
Legal Topics
Section 166 Data Protection Act 2018, Jurisdiction of Tribunal, Procedural Remedies
Data Protection Information Rights Section 166 Data Protection Act 2018 Jurisdiction of Tribunal Procedural Remedies

Case Brief

Summary, issues, holding and outcome

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Parties

Marco Mauer

Applicant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Strike Out Determination

Legal Issues

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

Ratio Decidendi

The Tribunal lacks jurisdiction under s.166 DPA 2018 because the Information Commissioner issued an outcome letter, rendering the complaint no longer pending; therefore, the appeal has no reasonable prospects of success and must be struck out.

Court Disposition

Appeal struck out

Orders

  • The Notice of Appeal is struck out and will proceed no further.