Lee Cruickshank v The Information Commissioner
[2024] UKFTT 730 (GRC)
Steffi Dias v The Information Commissioner
13 December 2023
[2023] UKFTT 1027 (GRC)
First-tier Tribunal
Steffi complained to the Information Commissioner (ICO) about her GP. The ICO investigated and gave Steffi an answer. Steffi wasn't happy and went to court, but the court said it couldn't change the ICO's decision. The court threw out Steffi's case because the ICO had done its job and the court couldn't help her with what she really wanted to challenge.
Key Facts
- •Steffi Dias applied to the First-tier Tribunal under section 166 of the Data Protection Act 1998 (DPA 1998) against the Information Commissioner (ICO).
- •The application challenged the ICO's handling of Dias' complaint against her GP regarding access to medical records.
- •The ICO applied to strike out the application for lacking reasonable prospects of success.
- •Dias' complaints included inadequate investigation, a biased outcome, and allegations of bribery.
- •Dias sought a new investigation, a fine for the GP, and an enforcement notice.
- •The ICO had provided an outcome to Dias' complaint on October 31, 2023, addressing the delayed response.
Legal Principles
Under section 166 DPA 1998, the tribunal cannot deal with the merits of a complaint to the Commissioner or its outcome.
Killock & Veale & ors v Information Commissioner [2021]UKUT 299 (AAC) and Leighton v Information Commissioner (No.2) [2020] UKUT 23 (AAC)
The tribunal's role in section 166 applications is to assess whether the Commissioner took appropriate steps, not to review the substance of the underlying complaint.
Killock & Veale & ors v Information Commissioner [2021]UKUT 299 (AAC) at paragraphs 84 and 85
The Commissioner's views as an expert regulator carry weight when determining the appropriateness of investigative steps.
Killock & Veale & ors v Information Commissioner [2021]UKUT 299 (AAC) at paragraphs 84 and 85
The Practice Direction on Pre-action Conduct and Protocols for civil courts does not apply to First-tier Tribunal proceedings.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009
Outcomes
The application under section 166 DPA 1998 was struck out.
The tribunal lacked the power to address the merits of the complaint or order the remedies sought by the applicant. The ICO had taken appropriate steps, and the applicant's complaints were essentially challenges to the substantive outcome, not procedural failures. The subsequent investigation by the ICO and provision of an outcome further rendered the application moot.