KB-2024-000763 - [2025] EWHC 2791 (KB)

The Claimant is aggrieved that Wembley police station would not hand over their file to him when he turned up and asked to collect it. He believes the refusal was “arrogant” and has thwarted his efforts to commence a private prosecution.

The Defendant relies on the documents produced to the Court evidencing that the Claimant’s formal written Subject Access Request (SAR) was received on 23rd January 2024 and acknowledged 5^th February 2024. The Data Rights Department required proof of address to proceed but the Claimant failed to respond so the request was closed. They assert that there is no realistic prospect of success on this claim currently, but if the Claimant makes a new SAR, which is not acted upon correctly, he could then consider bringing that matter before the Court; however it is wholly premature and unwarranted at this stage.

I agree that it is premature to bring a claim for alleged failures under the Data Protection Act, when there has been a failure by the Claimant to comply with their legitimate request to seek proof of address before responding. In such circumstances, where there are no realistic prospects of success, as defined at paragraphs 29-30 above, the appropriate order is summary judgment for the Defendant.