Bartosik v The Information Commissioner [2023] UKFTT 39 (GRC) (16 January 2023)

Bartosik v The Information Commissioner [2023] UKFTT 39 (GRC) (16 January 2023)

The Tribunal found that the applicant's correspondence of 15 March 2022 constituted a new complaint arising from materially changed circumstances, and the Information Commissioner failed to take appropriate steps to respond to this complaint, thus breaching s166(1)(a) DPA 2018.

Citation
[2023] UKFTT 39 (GRC)
Parties
Applicant: Robert Bartosik; Respondent: The Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
16 January 2023
Procedural Posture
First Tier Tribunal Appeal Under S166 Data Protection Act 2018 / Final Judgment
Outcome
Application allowed in part
Legal Topics
Procedural Obligations of Information Commissioner, Complaint Handling Under Data Protection Act 2018, Section 166 DPA Applications
Data Protection Information Rights Procedural Obligations of Information Commissioner Complaint Handling Under Data Protection Act 2018 Section 166 DPA Applications

Case Brief

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Parties

Robert Bartosik

Applicant

The Information Commissioner

Respondent

Procedural Posture

First Tier Tribunal Appeal Under S166 Data Protection Act 2018 / Final Judgment

Legal Issues

  1. 1 Whether the Information Commissioner failed to take appropriate steps to respond to a new complaint under s166(1)(a) DPA 2018
  2. 2 Whether the second complaint was a new complaint or a duplicate of the first
  3. 3 Scope of Tribunal's powers under s166 DPA

Ratio Decidendi

The Tribunal found that the applicant's correspondence of 15 March 2022 constituted a new complaint arising from materially changed circumstances, and the Information Commissioner failed to take appropriate steps to respond to this complaint, thus breaching s166(1)(a) DPA 2018.

Court Disposition

Application allowed in part

Orders

  • The Commissioner must register and consider the applicant's complaint of 15 March 2022.
  • The Commissioner must inform the applicant within 28 days of the progress of the complaint and the date an outcome will be provided.