Court of Appeal rules ICO can determine the cases it investigates

11/10/2023 | ICO

The Information Commissioner's Office (ICO) has welcomed a Court of Appeal ruling to dismiss a claim brought by Mr Ben Delo to overturn an earlier High Court judgement that the ICO had failed in its regulatory duties to act on his complaint about a subject access request made to Wise Payments Limited. The case has significant implications concerning the lengths the ICO is required to go to investigate and reach a decision based on the merits of every complaint that it receives. The Court of Appeal ruled that the ICO has broad discretion in determining the extent to which it investigates each complaint and is entitled to reach and express a view on the complaint without necessarily determining if an infringement has taken place.

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Court of Appeal, UK Courts

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