Brialey v Information Commissioner [2025] UKFTT 486 (GRC) (01 May 2025)

Brialey v Information Commissioner [2025] UKFTT 486 (GRC) (01 May 2025)

The Tribunal has no jurisdiction to make an order under section 166 of the Data Protection Act 2018 once the ICO has provided an outcome to the complaint; the application is limited to procedural failings and not the merits of the underlying complaint.

Citation
[2025] UKFTT 486 (GRC)
Parties
Applicant: Robert Brialey; Respondent: Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
01 May 2025
Procedural Posture
First Tier Tribunal (general Regulatory Chamber) Information Rights / Strike Out Application Decided Without a Hearing
Outcome
Application struck out
Legal Topics
Section 166 Data Protection Act 2018, Subject Access Request (sar), ICO Complaint Procedure, Tribunal Jurisdiction, Procedural Requirements
Data Protection Information Rights Administrative Law Section 166 Data Protection Act 2018 Subject Access Request (sar) ICO Complaint Procedure Tribunal Jurisdiction Procedural Requirements

Case Brief

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Parties

Robert Brialey

Applicant

Information Commissioner

Respondent

Procedural Posture

First Tier Tribunal (general Regulatory Chamber) Information Rights / Strike Out Application Decided Without a Hearing

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to make an order under section 166 of the Data Protection Act 2018 after the ICO has provided an outcome to the complaint
  2. 2 Whether there was a procedural failure by the ICO in handling the applicant's complaint

Ratio Decidendi

The Tribunal has no jurisdiction to make an order under section 166 of the Data Protection Act 2018 once the ICO has provided an outcome to the complaint; the application is limited to procedural failings and not the merits of the underlying complaint.

Court Disposition

Application struck out

Orders

  • Proceedings are struck out pursuant to Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 because there is no reasonable prospect of the application succeeding.