Delo: clarity on ICO complaints
In October of this year, the Court of Appeal handed down its ruling in Delo v Information Commissioner [2023] EWCA Civ 1141 providing some helpful clarity on the Information Commissioner’s responsibilities vis-á-vis the handling of complaints lodged by data subjects.
This appeal involved two main issues:
(1) Is the Commissioner obliged to reach a definitive decision on the merits of each and every complaint or does he have a discretion to decide that some other outcome is appropriate?
(2) If the Commissioner has a discretion, did he nonetheless act unlawfully in this case by declining to investigate or declining to determine the merits of the complaint made by the claimant (“Mr Delo”)?
**Spoiler alert** The appeal was dismissed with definitive answers of no, to both (1) and (2) above.