Hatab v Information Commissioner [2023] UKFTT 1065 (GRC) (04 January 2024)

Hatab v Information Commissioner [2023] UKFTT 1065 (GRC) (04 January 2024)

Section 166 DPA only allows the Tribunal to make orders in relation to procedural failings; the Commissioner complied with procedural requirements; the Tribunal cannot consider the merits or adequacy of the investigation or outcome; therefore, there is no reasonable prospect of the Applicant's case succeeding.

Citation
[2023] UKFTT 1065 (GRC)
Parties
Applicant: Shimaa Hatab; Respondent: Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
04 January 2024
Procedural Posture
Application Under Section 166(2) Data Protection Act 2018 / Strike Out Decision
Outcome
Struck out
Legal Topics
Procedural Remedies Under Data Protection Act, Jurisdiction of Tribunal, Scope of Section 166 DPA
Data Protection Information Rights Procedural Remedies Under Data Protection Act Jurisdiction of Tribunal Scope of Section 166 DPA

Case Brief

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Parties

Shimaa Hatab

Applicant

Information Commissioner

Respondent

Procedural Posture

Application Under Section 166(2) Data Protection Act 2018 / Strike Out Decision

Legal Issues

  1. 1 Whether the Tribunal can grant the remedies sought under section 166 DPA
  2. 2 Whether the Commissioner failed to comply with procedural requirements under section 166(1) DPA

Ratio Decidendi

Section 166 DPA only allows the Tribunal to make orders in relation to procedural failings; the Commissioner complied with procedural requirements; the Tribunal cannot consider the merits or adequacy of the investigation or outcome; therefore, there is no reasonable prospect of the Applicant's case succeeding.

Court Disposition

Struck out

Orders

  • Proceedings are struck out under Rule 8(3)(c) as there is no reasonable prospect of the Applicant's case succeeding.