Tribunal strikes out data protection appeal

Background of the Case

In a recent decision, the First-tier Tribunal (General Regulatory Chamber) struck out an appeal brought by Mark Baker against the Information Commissioner. The case, cited as [2025] UKFTT 154 (GRC), involved an appeal concerning the handling of a data protection complaint by the Information Commissioner.

Chronology of Events

The appeal was rooted in a series of correspondences between Baker and the Information Commissioner, beginning with a data processing complaint made by Baker in 2017. This complaint had been reviewed in 2018, with a clear outcome communicated to Baker by March 2019. Despite this, Baker continued to express dissatisfaction with the handling of his complaint, leading to further correspondence.

Details of the Appeal

Baker's notice of appeal, dated 15th May 2023, challenged a decision by the Information Commissioner from 20th April 2023. However, the Tribunal found that this decision was not an outcome of a data protection complaint but rather a response to an enquiry from Baker dated 17th March 2023. The Tribunal noted that this enquiry did not constitute a formal complaint under section 165 of the Data Protection Act 2018, as it did not allege a data infringement.

Tribunal's Decision

The Tribunal, presided over by District Judge Moan, concluded that the appeal was misconceived. The Tribunal's remit in data processing complaints is limited to compelling the Information Commissioner to progress an existing investigation, which was not applicable in this case as the investigation had already concluded.

Reasons for Striking Out

The Tribunal struck out the application under Rule 8(2)(a) and Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. It was determined that the Tribunal had no jurisdiction to make the order sought by Baker, and his application had no realistic prospects of success.

Implications of the Decision

This decision highlights the limitations of the Tribunal's powers in data protection cases. While Baker may have legitimate concerns about the handling of his data and the investigation process, the Tribunal emphasised that it could not review or overturn the decisions made by the Information Commissioner.

Conclusion

The Tribunal's decision underscores the importance of understanding the scope of its jurisdiction in data protection matters. Applicants must ensure that their appeals fall within the Tribunal's remit to avoid unnecessary expenditure of resources.

Learn More

For comprehensive insights into data protection law and compliance, see BeCivil's guide to English Data Protection Law.

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