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When is the deadline for commissioner's failure to progress a complaint: the s.166 trigger period?

The catalogue records a 3 months period from The date the Commissioner received the complaint under s.165 (or, for a subsequent period, the last date the complainant was given information). This draft page remains free only until its source, worked example and limits are reviewed.

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Calculation basis and source

Period
3 months
Trigger
The date the Commissioner received the complaint under s.165 (or, for a subsequent period, the last date the complainant was given information)
Counting
The encoded calculator method must be independently documented before publication.
Rollovers and holidays
Holiday, closure and order treatment must be independently documented before publication.

This route remains in preparation until a pinpoint official source is recorded.

  • Not a deadline on the data subject but a condition precedent to the tribunal's jurisdiction. Until one of the s.166(1) triggers is met there is no application to be made. Section 166(1)(c) creates a rolling further period: "if the Commissioner's consideration of the complaint is not concluded during that period, fails to provide the complainant with such information during a subsequent period of 3 months".
  • Section 166 is a procedural remedy only. The tribunal can order the Commissioner to take appropriate steps to respond, or to inform the complainant of progress or outcome within a specified period; it cannot review the merits of the Commissioner's decision. Note the mismatch a practitioner must handle: s.166(1)(b) uses three months, but the tribunal rule governing the applicati

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