FT/EA/2025/0203/GDPR - [2025] UKFTT 01313 (GRC)

An individual (a ‘data subject’) has a right to make a complaint to the Commissioner if that individual considers that there is an infringement of the UK GDPR and/or Parts 3 or 4 of the DPA in connection with their personal data. Section 165 sets out the position as follows:

“(1)

Articles 57(1)(f) and (2) and 77 of the UK GDPR (data subject's right to lodge a complaint) confer rights on data subjects to complain to the Commissioner if the data subject considers that, in connection with personal data relating to him or her, there is an infringement of the UK GDPR.

(2)

A data subject may make a complaint to the Commissioner if the data subject considers that, in connection with personal data relating to him or her, there is an infringement of Part 3 or 4 of this Act.”.

So far as is relevant, section 165 then goes on to provide:

“(4)

If the Commissioner receives a complaint under subsection (2), the Commissioner must—

(a)

take appropriate steps to respond to the complaint,

(b)

inform the complainant of the outcome of the complaint,

(c)

inform the complainant of the rights under section 166, and

(d)

if asked to do so by the complainant, provide the complainant with further information about how to pursue the complaint.

(5)

The reference in subsection (4)(a) to taking appropriate steps in response to a complaint includes—

(a)

investigating the subject matter of the complaint, to the extent appropriate, and

(b)

informing the complainant about progress on the complaint...”.

In essence, therefore, section 165(4) requires the Commissioner to take appropriate steps, as well as the specified other actions, when he receives a relevant complaint from an individual. The appropriate steps which the Commissioner must take include (in summary) investigating the complaint and informing the individual about its progress.