FT/EA/2025/0305/GDPR - [2025] UKFTT 01312 (GRC)
Fecha: 05-Nov-2025
The Applicant’s position
The Applicant’s position
In his correspondence with the Commissioner in connection with the Complaint, the Applicant stated: “I strongly believe that this is not just about my individual case anymore, but represents systematic consumer data protection violations instead, with broader implications for regulatory accountability and consumer protection mechanisms”. He also stated in his submissions regarding the strike out application, that this was about “a request for the Commissioner to exercise statutory information-gathering powers to investigate my complaint, not a demand for personal data access”.
The Applicant submitted, in essence, that the Complaint which was the subject of the Application related to the Commissioner's power to compel evidence for regulatory investigation under section 149, rather than regarding his personal data.
As I have noted, the right for individuals to make an application to the Tribunal for an order under section 166(2) only applies if there has been a relevant complaint regarding the complainant’s personal data. On that basis, I consider that the Tribunal may not even have jurisdiction to consider the Application and it could be open to the Tribunal to strike it out pursuant to Rule 8(2)(a).
However, I have taken into account that aspects of the Complaint do relate to the Applicant’s rights regarding his personal data and that the Applicant has alleged that the Commissioner should have taken steps to investigate it.
- Heading
- Preliminary matters
- Summary of this decision
- The Tribunal’s powers and role
- The relevant statutory framework
- The right to apply to the Tribunal
- Discussion and findings
- The Commissioner’s strike out application
- The Tribunal’s request for the Applicant’s submissions in respect of the strike out application
- Whether there was a procedural failing by the Commissioner
- The Applicant’s position
- Whether there is a reasonable prospect of the Applicant’s case succeeding
- Conclusions