Gilbert Robertson v The Information Commissioner
[2024] UKFTT 630 (GRC)
Catherine Moore v The Information Commissioner
1 November 2023
[2023] UKFTT 917 (GRC)
First-tier Tribunal
Someone asked for information and was refused. They complained, but the person who looked into it said everything was fine. The court decided it can't change the original decision, only whether the review was done correctly. They felt the review was okay, so the case was stopped.
Key Facts
- •Catherine Moore (Applicant) made a subject access request (SAR) to the Commissioner for Older People for Northern Ireland (COPNI).
- •COPNI refused the SAR citing confidentiality, legal privilege, and GDPR exemptions.
- •Moore complained to the Information Commissioner (Commissioner), who deemed COPNI's response appropriate.
- •Moore appealed to the First-tier Tribunal (General Regulatory Chamber) (FTT) under section 166 of the Data Protection Act 2018 (DPA).
- •The FTT considered whether the Commissioner took appropriate steps in response to Moore's complaint.
Legal Principles
A Tribunal may strike out proceedings if there is no reasonable prospect of success.
Tribunal Procedure (First-tier Tribunal) (General Regulatory) Rules 2009, rule 8(3)(c)
In considering a strike-out application, the Tribunal must assess whether there is a realistic, not merely arguable, prospect of success.
HMRC v Fairford Group, [2014] UKUT 0329
Section 166 DPA provides a remedy if the Commissioner fails to take appropriate steps to respond to a complaint, but not for challenging the substantive outcome of the investigation.
Data Protection Act 2018, section 166; Scranage v Information Commissioner, [2020] UKUT 196 (ACC); Leighton v Information Commissioner (no 2), [2020] UKUT 23 (ACC)
The Tribunal, while considering the Commissioner's views, ultimately decides independently on whether steps taken were appropriate.
Killock & Veale & others v Information Commissioner, [2021] UKUT 299 (ACC)
Outcomes
The application was struck out.
The Tribunal found no reasonable prospect of the Applicant's case succeeding. The Tribunal's role under Section 166 DPA is limited to assessing the appropriateness of the Commissioner's procedural steps, not the merits of the original complaint.