Roy Warner v The Information Commissioner

Facts

The applicant, Roy Warner, complained to the Information Commissioner on 11 June 2024 about Waddesdon Estates LLP, concerning a photograph taken of him and the way that photograph was being handled. When more than three months had passed without a substantive response, he telephoned the Commissioner's helpline on 17 September 2024 and was told a case officer would likely be assigned within a couple of weeks. Following a chaser email, the assigned case officer issued an outcome on 9 October 2024, accepting the LLP's explanation that the photograph had been taken in connection with the performance of a public task, namely the administration of justice, as evidence of service of formal process, and concluding that the data was being handled appropriately. The applicant sought a review; on 25 October 2024 the reviewing officer upheld the original outcome and pointed him to independent legal action against the LLP and to the Parliamentary and Health Service Ombudsman. He applied to the First-tier Tribunal on 10 October 2024 under section 166(2) of the Data Protection Act 2018, though the application was not sent to the Commissioner until 23 April 2025. On 4 June 2025 a further reviewing officer, on the Commissioner's own initiative, substituted 'legitimate interests' for 'public task' as the likely lawful basis and gave the LLP compliance advice. The Commissioner applied to strike the application out.