Delo (claimant/appellant) v The Information Commissioner (defendant/respondent)
Tuesday 18 July 2023
By appellant’s notice filed on the 23 December 2022, the appellant appeals the Order of Mr Justice Mostyn, sitting in the King’s Bench Division, Administrative Court, dated 2 December 2022.
The Appellant challenged a decision of the Information Commissioner dated 24 November 2021 by which the Commissioner had rejected a complaint made by the Appellant regarding non-compliance by Wise Payments Limited with its legal obligations vis-à-vis provision of the Appellant’s personal data in response to the Data Subject Access Request.
The Appellant had claimed that the Commissioner had unlawfully failed to determine the Complaint, in breach of a statutory duty to do so, had failed to conduct a lawful investigation of the Complaint, and had made various errors of law in his conclusion that the Complaint should be rejected. The nub of the claim was that the Commissioner had rejected the complaint without reaching any conclusive determination as to whether or not Wise had breached the Appellant’s data protection rights. Mostyn J held (a) that the Commissioner is under no statutory duty to reach a conclusion as to whether or not data rights have been breached on all (or indeed any) complaints and (b) that the Commissioner had not erred in deciding not to reach a conclusion on this particular Complaint.
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