FT/EA/2025/0305/GDPR - [2025] UKFTT 01312 (GRC)

Section 166 provides individuals with a right to make an application to the Tribunal for an order requiring the Commissioner to take appropriate steps to respond to a relevant complaint, or to inform the individual of the progress on (or outcome of) the complaint, if the Commissioner has failed to take certain procedural actions in relation to it. So far as is relevant, section 166 provides:

“(1)

This section applies where, after a data subject makes a complaint under section 165 or Article 77 of the UK GDPR, the Commissioner—

(a)

fails to take appropriate steps to respond to the complaint,

(b)

fails to provide the complainant with information about progress on the complaint, or of the outcome of the complaint, before the end of the period of 3 months beginning when the Commissioner received the complaint, or

(c)

if the Commissioner's consideration of the complaint is not concluded during that period, fails to provide the complainant with such information during a subsequent period of 3 months.

(2)

The Tribunal may, on an application by the data subject, make an order requiring the Commissioner—

(a)

to take appropriate steps to respond to the complaint, or

(b)

to inform the complainant of progress on the complaint, or of the outcome of the complaint, within a period specified in the order.

(3)

An order under subsection (2)(a) may require the Commissioner—

(a)

to take steps specified in the order;

(b)

to conclude an investigation, or take a specified step, within a period specified in the order.”.