[2025] UKFTT 01130 (GRC)

The application under section 166 of the Data Protection Act 2018 is STRUCK OUT.

In this decision, ‘the Application’ is a reference to the application made to the tribunal by Chantal Bryden under section 166 of the Data Protection Act 2018 (DPA) and ‘the Applicant’ is a reference to Ms Bryden.

The Commissioner applies by way of a GRC5 submitted with his response for the Application to be struck out under rule 8(3)(a) (no jurisdiction) or rule 8(3)(c) (no reasonable prospects of success) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.

The Commissioner submits that that is clear that the Applicant does not agree with the outcome of her complaint, however he submits that section 166 DPA18 does not provide a mechanism by which Applicants can challenge the substantive outcome of a complaint. The Commissioner submits that he has taken steps to investigate and response to the complaint and has provided an outcome. It is submitted that the Commissioner has taken steps to comply with the procedural requirements set out in section 166 and there is no basis for the tribunal to make an order under section 166(2) DPA.

The Applicant was given the opportunity to respond to this application by case management directions dated 13 June 2025, which provided that the Applicant had 14 days to make representations in response to any application made by the Commissioner. Those 14 days expired on 22 July 2025. The Applicant has not made any representations.