Leigh Carrick-Moore v Information Commissioner

By Notice of Appeal dated 05 December 2022 Leigh Carrick-Moore lodged proceedings with this Tribunal about the Information Commissioner’s Office (“ICO”) reference number IC-187086-B0B1.

The Notice of Appeal and supporting documents were sent to the ICO by email on 07 December 2022.

In a Response dated 05 January 2023, the ICO invited Ms Carrick-Moore to withdraw her appeal and, as an alternative, applied for the appeal to be struck out. 3 Annexes were attached to the ICO’s response.

The Tribunal, by email sent on 06 January 2023, invited Ms Carrick-Moore to make representations about the application to strike out. Such representations were due to be with the Tribunal by 20 January 2023, none had been received by 02 February 2023.

The Tribunal Procedure rules (Footnote: ¹) (“GRC Rules”) provide (as relevant):

The ICO’s response (which, it appears, is unchallenged by Ms Carrick-Moore is that, on or about 13 December 2022, Mr Carrick-Moore personally received from the Data Processor / Controller the information it held about her. The ICO also wrote to Ms Carrick-Moore to explain what they had done.

It seems to me that there is no Order for the Tribunal to now make – the ICO has made such investigations at it needed to under the Data Protection Act 2018; it happens that they have enabled Ms Carrick-Moore to obtain the personal data that she wanted.

Therefore, there is, at the present time, no reasonable prospect of the Tribunal making an Order. The application is, pursuant to rule 8(3)(c) struck out.