Dennerlein v The Information Commissioner [2023] UKFTT 942 (GRC) (06 November 2023)

Dennerlein v The Information Commissioner [2023] UKFTT 942 (GRC) (06 November 2023)

The Tribunal has no jurisdiction under s166 DPA to grant the substantive relief sought by the appellant, as its powers are limited to procedural matters. The appellant’s arguments seek a merits-based outcome, which is outside the Tribunal’s remit. The appeal must be struck out for lack of jurisdiction.

Citation
[2023] UKFTT 942 (GRC)
Parties
Appellant: Sandra Dennerlein; Respondent: The Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
06 November 2023
Procedural Posture
Information Rights Appeal / Strike Out Application Determined on the Papers
Outcome
appeal struck out for lack of jurisdiction
Legal Topics
Data Protection Act 2018, GDPR, Jurisdiction of Tribunal, Procedural Vs Substantive Rights, Subject Access Requests
Data Protection Information Rights Administrative Law Data Protection Act 2018 GDPR Jurisdiction of Tribunal Procedural Vs Substantive Rights Subject Access Requests

Case Brief

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Parties

Sandra Dennerlein

Appellant

The Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Strike Out Application Determined on the Papers

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under s166 DPA to grant the relief sought by the appellant
  2. 2 Whether the Information Commissioner failed to take appropriate procedural steps under s165 and s166 DPA

Ratio Decidendi

The Tribunal has no jurisdiction under s166 DPA to grant the substantive relief sought by the appellant, as its powers are limited to procedural matters. The appellant’s arguments seek a merits-based outcome, which is outside the Tribunal’s remit. The appeal must be struck out for lack of jurisdiction.

Court Disposition

appeal struck out for lack of jurisdiction

Orders

  • The appeal is struck out.