Thornton v The Information Commissioner [2025] UKFTT 689 (GRC) (16 June 2025)

Thornton v The Information Commissioner [2025] UKFTT 689 (GRC) (16 June 2025)

The Tribunal has no jurisdiction under section 166 of the Data Protection Act 2018 where the ICO has already provided an outcome to the complaint. The application was also out of time, and there were no further procedural steps the ICO was required to take. The remedies sought by the applicant are not within the Tribunal's powers under section 166, which is limited to procedural failings by the ICO, not the merits of the underlying complaint.

Citation
[2025] UKFTT 689 (GRC)
Parties
Applicant: Richard J Thornton; Respondent: The Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
16 June 2025
Procedural Posture
First Tier Tribunal (general Regulatory Chamber) Information Rights / Application to Admit Notice of Appeal Out of Time; Decided Without a Hearing
Outcome
Notice of Appeal not admitted out of time; application refused; proceedings at an end.
Legal Topics
Section 166 Data Protection Act 2018, Jurisdiction of Tribunal, Procedural Requirements for Complaints, Right to Rectification, Strike Out Applications
Data Protection Information Rights Administrative Law Section 166 Data Protection Act 2018 Jurisdiction of Tribunal Procedural Requirements for Complaints Right to Rectification Strike Out Applications

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Parties

Richard J Thornton

Applicant

The Information Commissioner

Respondent

Procedural Posture

First Tier Tribunal (general Regulatory Chamber) Information Rights / Application to Admit Notice of Appeal Out of Time; Decided Without a Hearing

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under section 166 of the Data Protection Act 2018 to consider the application after the ICO has provided an outcome
  2. 2 Whether the Notice of Appeal should be admitted out of time

Ratio Decidendi

The Tribunal has no jurisdiction under section 166 of the Data Protection Act 2018 where the ICO has already provided an outcome to the complaint. The application was also out of time, and there were no further procedural steps the ICO was required to take. The remedies sought by the applicant are not within the Tribunal's powers under section 166, which is limited to procedural failings by the ICO, not the merits of the underlying complaint.

Court Disposition

Notice of Appeal not admitted out of time; application refused; proceedings at an end.