Desmond Fitzpatrick v The Information Commissioner

Facts

Desmond Fitzpatrick complained to the Information Commissioner on 17 November 2025 about a subject access request he had made to the trustees of the Toyota (GB) Retirement Benefits Plan (1979). The Commissioner sent him an outcome letter dated 24 March 2026. It said the complaint had been considered under the Commissioner's published framework. On the available information, the Commissioner had found no factors, such as significant harm, wider impact or a broader data protection concern, that would justify a more detailed investigation. After further correspondence and an internal review, the Commissioner confirmed by letter dated 2 June 2026 that the outcome was appropriate. By Form GRC3 dated 7 July 2026 the applicant applied to the First-tier Tribunal for an order under section 166(2) of the Data Protection Act 2018. His grounds ran to 25 pages. He argued that the Commissioner had not investigated the subject matter of the complaint "to the extent appropriate", had mishandled it and had misdirected himself on the law that applied at the time. He asked the Tribunal to order the Commissioner to take specific investigative steps. The Commissioner applied to strike out the application under rule 8(2)(a) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 or rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. The applicant opposed this in written submissions of 17 pages, and the matter was decided without a hearing.