Automated Summary
Key Facts
Leigh Carrick-Moore appealed an Information Commissioner's Office (ICO) decision (reference IC-187086-B0B1) to this Tribunal on 05 December 2022. The ICO requested she withdraw her appeal or for the Tribunal to strike it out, citing that they had already conducted necessary investigations under the Data Protection Act 2018 and provided her with the requested personal data. The Tribunal found no reasonable prospect of success for the appeal and struck it out under rule 8(3)(c) on 07 March 2023.
Issues
The Tribunal evaluated the application to strike out the appeal under GRC Rule 8(3)(c), determining there was no reasonable prospect of the appellant's case succeeding. The Information Commissioner's Office (ICO) had already conducted necessary investigations, enabling the appellant to obtain the requested data, rendering further proceedings unnecessary.
Holdings
The Tribunal struck out the appeal under rule 8(3)(c) of the GRC Rules, determining there was no reasonable prospect of the appellant's case succeeding. The ICO had already enabled the appellant to obtain the personal data she sought, and no further order was deemed necessary.
Remedies
The Tribunal struck out the appellant's appeal pursuant to rule 8(3)(c) because there was no reasonable prospect of the case succeeding. This decision was based on the Information Commissioner's Office having already completed necessary investigations and provided the requested personal data.
Legal Principles
The Tribunal applied the procedural rule allowing it to strike out a party's case if there is no reasonable prospect of the case succeeding (Rule 8(3)(c) of the GRC Rules). The decision was based on the ICO having already completed necessary investigations and provided the requested personal data to the appellant, rendering the appeal moot.
Cited Statute
- Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 as amended
- Data Protection Act 2018
Judge Name
Rebecca Worth
Passage Text
- Therefore, there is, at the present time, no reasonable prospect of the Tribunal making an Order. The application is, pursuant to rule 8(3)(c) struck out.
- The ICO has made such investigations at it needed to under the Data Protection Act 2018; it happens that they have enabled Ms Carrick-Moore to obtain the personal data that she wanted.