Chadwick v The Information Commissioner

Decision: The Application is struck out under Rule 8(2)(a) because the Tribunal does not have jurisdiction to deal with it and under Rule 8(3)(a) because there is no reasonable prospect of it succeeding. 

      These proceedings concern an application (the "Application") under section 166(2) of the Data Protection Act 2018 ("DPA 2018") for an order to progress the Applicant's complaints against the Insolvency Service ("IS") regarding the processing of his personal data and the destruction of a file in 2007. The complaint was submitted to the Information Commissioner ("IC") on 25 November 2024 and was dealt with under reference IC-346535-T2M1.

      On 25 November 2025, the Applicant submitted his complaint to the IC. In particular, the Applicant complained that a file held by the IS relating to Director Disqualification proceedings brought against him was destroyed in 2007 but should have been retained for longer.��

      On 25 March 2025, the IC's case officer advised the Applicant that the IC was unable to consider aspects of the complaint falling outside the scope of the data protection legislation. Accordingly, the investigation would be limited to establishing whether or not the retention period adhered to by the IS was appropriate, and why they had sent the Applicant a letter in February 2025� relating to a legal charge on his property. On the same date, the case officer contacted the IS and requested their comments about the complaint.�

      On 22 May 2025, the Applicant informed the case officer that he disagreed with the views relating to the retention of the case files and requested a case review.� This was acknowledged on 3 June 2025.��