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England and Wales commercial and regulatory procedures

When does missing complaint progress allow a tribunal application?

Initial and subsequent three-month progress intervals, plus a separate failure-to-take-steps branch. Assess the statutory ground for an application under section 166. Three months is not a promise of a concluded investigation. A failure to take appropriate steps is a separate ground; a later unanswered progress interval can also matter.

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Read why no date is calculated
Period
Initial and subsequent three-month progress intervals, plus a separate failure-to-take-steps branch
Trigger
Regulator receives the section 165 complaint
Rule
Data Protection Act 2018, sections 165–166
Data Protection Act 2018, sections 165–166

Data Protection Act 2018, sections 165–166. The retained source governs assess the statutory ground for an application under section 166. Three months is not a promise of a concluded investigation. A failure to take appropriate steps is a separate ground; a later unanswered progress interval can also matter.

Source guide · No automated date

Check the applicable procedure

Three months is not a promise of a concluded investigation. A failure to take appropriate steps is a separate ground; a later unanswered progress interval can also matter. Section 166(1)(b) begins the first interval with complaint receipt. Subsection 1(c) addresses subsequent intervals where consideration is unfinished. The actual regulator receives the section 165 complaint and required completion must be established before using a final date.

Data Protection Act 2018, sections 165–166

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When does missing complaint progress allow a tribunal application?

Initial and subsequent three-month progress intervals, plus a separate failure-to-take-steps branch. Assess the statutory ground for an application under section 166. Three months is not a promise of a concluded investigation. A failure to take appropriate steps is a separate ground; a later unanswered progress interval can also matter.

Responsible actor. Data subject whose complaint the regulator received.

Regulator receives the section 165 complaint.

Three months is not a promise of a concluded investigation. A failure to take appropriate steps is a separate ground; a later unanswered progress interval can also matter.

Three months is not a promise of a concluded investigation. A failure to take appropriate steps is a separate ground; a later unanswered progress interval can also matter.

Data Protection Act 2018, sections 165–166

How does this provision count time?

  1. Assess the statutory ground for an application under section 166.
  2. Section 166(1)(b) begins the first interval with complaint receipt. Subsection 1(c) addresses subsequent intervals where consideration is unfinished.
  3. Three months is not a promise of a concluded investigation. A failure to take appropriate steps is a separate ground; a later unanswered progress interval can also matter.

Section 166(1)(b) begins the first interval with complaint receipt. Subsection 1(c) addresses subsequent intervals where consideration is unfinished.

Section 166(1)(b) begins the first interval with complaint receipt. Subsection 1(c) addresses subsequent intervals where consideration is unfinished. Three months is not a promise of a concluded investigation. A failure to take appropriate steps is a separate ground; a later unanswered progress interval can also matter.

Data Protection Act 2018, sections 165–166

Which facts prevent one automatic date?

Three months is not a promise of a concluded investigation. A failure to take appropriate steps is a separate ground; a later unanswered progress interval can also matter. Section 166(1)(b) begins the first interval with complaint receipt. Subsection 1(c) addresses subsequent intervals where consideration is unfinished. The actual regulator receives the section 165 complaint and required completion must be established before using a final date.

ResultRead the operative provision and establish the applicable branch.

The data subject whose complaint the regulator received has established the applicable procedure and regulator receives the section 165 complaint. Three months is not a promise of a concluded investigation. A failure to take appropriate steps is a separate ground; a later unanswered progress interval can also matter. Assess the statutory ground for an application under section 166. Initial and subsequent three-month progress intervals, plus a separate failure-to-take-steps branch. No computed final date is supplied.

A proposed completion raises a nonbusiness-day or time-boundary question for assess the statutory ground for an application under section 166. Section 166(1)(b) begins the first interval with complaint receipt. Subsection 1(c) addresses subsequent intervals where consideration is unfinished. Resolve this boundary under the identified provision and actual completion route. Section 166(1)(b) begins the first interval with complaint receipt. Subsection 1(c) addresses subsequent intervals where consideration is unfinished.

The regulator gives progress information but has not concluded the investigation. Three months is not a promise of a concluded investigation. A failure to take appropriate steps is a separate ground; a later unanswered progress interval can also matter. Three months is not a promise of a concluded investigation. A failure to take appropriate steps is a separate ground; a later unanswered progress interval can also matter. No automatic final date follows from this scenario.

Which conditions and exceptions apply?

Applicable procedure and actual event
Three months is not a promise of a concluded investigation. A failure to take appropriate steps is a separate ground; a later unanswered progress interval can also matter.
Counting and completion boundary
Section 166(1)(b) begins the first interval with complaint receipt. Subsection 1(c) addresses subsequent intervals where consideration is unfinished.
Data Protection Act 2018, sections 165–166
  • Three months is not a promise of a concluded investigation. A failure to take appropriate steps is a separate ground; a later unanswered progress interval can also matter.
  • Data subject whose complaint the regulator received. Regulator receives the section 165 complaint. Assess the statutory ground for an application under section 166. Section 166(1)(b) begins the first interval with complaint receipt. Subsection 1(c) addresses subsequent intervals where consideration is unfinished.

What must the responsible actor complete?

Questions about this procedure

When does missing complaint progress allow a tribunal application?

Must the ICO finish every complaint within three months?

No. Section 166 distinguishes progress information from substantive conclusion.

Data Protection Act 2018, sections 165–166

Is missing progress the only possible ground?

No. Subsection 1(a) separately addresses failure to take appropriate steps.

Data Protection Act 2018, sections 165–166

Can a subsequent three-month interval matter?

Yes. Subsection 1(c) applies when consideration was not concluded during the initial period.

Data Protection Act 2018, sections 165–166

What can the tribunal order?

Appropriate steps or progress/outcome information under subsections 2 and 3.

Data Protection Act 2018, sections 165–166

Does this determine the merits of the underlying data dispute?

The statutory application addresses the regulator’s handling obligations.

Data Protection Act 2018, sections 165–166

Which receipt must be proved?

Receipt of the section 165 complaint by the regulator, not merely the original request to the controller.

Data Protection Act 2018, sections 165–166

Official sources and review

Provisions used (1)
Provisions used in this guide
ProvisionPurpose
Data Protection Act 2018, sections 165–166Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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