One of the Data Protection Act 2018 failings has been the right to apply to the Tribunal under s166 for an order to progress an ICO complaint. It is common for data subjects to believe this enables them to ask that the Tribunal overturns how the ICO resolved their complaint. Assuming the process has little value under steps laid out in s166(1), they then sue the controller under ss167-169. As the writers of the Panopticon blog point out, some privacy professionals feel s166 should be interpreted more generously, but they would think wrong. The Upper Tribunal has now addressed the issue in a series of three joined cases.
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