The Ombudsman's final decision
Summary: We will not investigate this complaint about data protection issues. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Information Commissioner’s Office is best placed to deal with this complaint.
The complaint
The complainant, whom I shall refer to as Mr X, complained about how the Council had dealt with his Subject Access Request for CCTV footage. Mr X also complained about the management of the CCTV system and the handling of his personal data.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection matters. This includes access to information, the handling of information, and the operation of CCTV systems. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
We will not start an investigation. The issues at the heart of Mr X’s complaint are to do with matters best considered by the ICO.
The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation.
There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints.
I understand Mr X has already contacted the ICO. The Council has now responded to Mr X after he did this. If Mr X is unhappy with the Council’s response, he can go back to the ICO. But this is not a matter for the Ombudsman. Even if we investigated, we would not be able to add anything to the Council’s response. The ICO is the appropriate body to deal with this complaint.
Final decision
We will not investigate Mr X’s complaint because the Information Commissioner’s Office is best placed to deal with the matters complained about.
Investigator's decision on behalf of the Ombudsman