Levi v The Information Commissioner [2023] UKFTT 1033 (GRC) (08 December 2023)

Levi v The Information Commissioner [2023] UKFTT 1033 (GRC) (08 December 2023)

The Tribunal has no jurisdiction to review the merits of the Commissioner's decision under section 166 DPA 2018; the application concerns the merits, not procedural deficiencies, and thus has no reasonable prospect of success.

Citation
[2023] UKFTT 1033 (GRC)
Parties
Applicant: Robin Levi; Respondent: The Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
08 December 2023
Procedural Posture
First Tier Tribunal (general Regulatory Chamber) Data Protection Appeal / Strike Out Application Decided Without a Hearing
Outcome
Application struck out
Legal Topics
Section 166 Data Protection Act 2018, Tribunal Procedure (first Tier Tribunal) (general Regulatory Chamber) Rules 2009, ICO Complaint Process, Strike Out Applications
Data Protection Administrative Law Section 166 Data Protection Act 2018 Tribunal Procedure (first Tier Tribunal) (general Regulatory Chamber) Rules 2009 ICO Complaint Process Strike Out Applications

Case Brief

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Parties

Robin Levi

Applicant

The Information Commissioner

Respondent

Procedural Posture

First Tier Tribunal (general Regulatory Chamber) Data Protection Appeal / Strike Out Application Decided Without a Hearing

Legal Issues

  1. 1 Whether the Information Commissioner took appropriate steps to respond to the applicant's complaint under section 166 DPA 2018
  2. 2 Whether the Tribunal has jurisdiction to review the merits of the Commissioner's decision under section 166 DPA 2018
  3. 3 Whether the application has a reasonable prospect of success

Ratio Decidendi

The Tribunal has no jurisdiction to review the merits of the Commissioner's decision under section 166 DPA 2018; the application concerns the merits, not procedural deficiencies, and thus has no reasonable prospect of success.

Court Disposition

Application struck out

Orders

  • The application is struck out pursuant to rule 8(3)(c) Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.