Jefferson Moutinho Arnauth v The Information Commissioner
[2023] UKFTT 217 (GRC)
Maria De Leon v The Information Commissioner
9 January 2024
[2024] UKFTT 21 (GRC)
First-tier Tribunal
Someone complained to the Information Commissioner about a data protection issue. The Commissioner decided not to take further action. The person then went to a Tribunal to challenge this decision, but the Tribunal said it couldn't overturn the Commissioner's decision and threw the case out. The person was told to try the courts instead.
Key Facts
- •Maria De Leon applied to the First-tier Tribunal (General Regulatory Chamber) for an order under s. 166 of the Data Protection Act 2018.
- •The application concerned the Information Commissioner's decision to take no further action on her complaint.
- •The Respondent (Information Commissioner) applied to strike out the appeal under rule 8(3)(c) of the Tribunal's Rules due to lack of reasonable prospects of success.
- •The Applicant argued the Information Commissioner had not taken 'appropriate steps' in investigating her complaint.
Legal Principles
The Tribunal's powers in determining a s. 166 application are limited to those set out in s. 166(2) of the Data Protection Act 2018.
Data Protection Act 2018, s. 166(2)
The Tribunal has no supervisory jurisdiction over the handling of complaints to the Information Commissioner's Office and cannot review the Commissioner's decision to take no further action.
Case law from the Upper Tribunal, High Court, and Court of Appeal
The Tribunal may only make an order under s. 166 if there has been a failure of the type set out in s. 166(1)(a), (b), and (c).
Data Protection Act 2018, s. 166(1)
A strike-out under rule 8(3)(c) is appropriate if the application has no reasonable prospects of success.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, rule 8(3)(c)
Outcomes
The Notice of Application was struck out under rule 8(3)(c) of the Tribunal's Rules.
The ICO progressed the complaint and informed the Applicant of its decision. The Tribunal lacks the power to overturn the Information Commissioner's decision or award compensation; the Applicant's sought remedy is not available through the Tribunal.