Stephen Laughton v The Information Commissioner
[2024] UKFTT 390 (GRC)
Gilbert Robertson v Information Commissioner
29 November 2024
[2024] UKFTT 1068 (GRC)
First-tier Tribunal
Someone complained about how the Information Commissioner dealt with their complaint. The court said the Commissioner has a lot of freedom to decide how to investigate and what to decide, and the court can only step in if the Commissioner messed up the process, not the result. Because the Commissioner had already finished their work, the court threw out the case.
Key Facts
- •Applicant complained to the Information Commissioner (ICO) on 14 April 2024 about BAE Systems' response to a subject access request.
- •ICO provided initial outcome on 25 July 2024 and a case review outcome on 7 November 2024, deciding against enforcement action.
- •Applicant applied to the Tribunal on 15 July 2024, seeking various remedies including disciplinary action against the ICO.
- •The Tribunal considered the Commissioner's response and the Applicant's arguments.
Legal Principles
The ICO has exclusive discretion in handling complaints, deciding the scope of investigation and whether to reach a conclusive determination.
R (Delo) v Information Commissioner [2023] 1 WLR 1327, paragraph 57
The ICO's decision on whether to investigate further and the extent of that investigation is a matter of broad discretion. The ICO can express a view on the likelihood of an infringement without a full determination.
R (Delo) v Information Commissioner [2023] EWCA Civ 1141, paragraph 80
Section 166 DPA is a limited procedural provision; the Tribunal specifies steps to respond, not assesses the appropriateness of a response already given. Challenging the substantive outcome of a complaint is outside the Tribunal's jurisdiction.
Cortes v Information Commissioner (UA-2023-001298-GDPA), paragraph 33
Outcomes
The Tribunal struck out the Applicant's application.
The Applicant challenged the substantive outcome of the complaint and sought remedies outside the Tribunal's power under section 166 DPA. The Tribunal's role is limited to procedural issues; the ICO's investigation and outcome are within its discretion. The ICO had already provided an outcome.