The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council managed the complainant’s personal information and about how it dealt with his information requests. This is because the Information Commissioner is better placed to deal with complaints about data protection.
The complaint
The complainant, who I will call Mr X, complains that the Council has breached data protection regulation by sharing inaccurate information about him between its departments and with other agencies. He also complains that the Council has not properly dealt with his Subject Access Requests (SARs).
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains that the Council has shared his information between departments within the Council and with external agencies. He also complains that the Council has failed to properly deal with his Subject Access Requests (SARs). Therefore, Mr X’s complaints are about how the Council has processed and handled his personal data.
I will not investigate Mr X’s complaint because it is reasonable to expect him to complain to the Information Commissioners Office (ICO) about these matters. The ICO is the independent authority set up to uphold information rights. It deals with complaints about public authorities’ failures to comply with data protection legislation.
Final decision
We will not investigate Mr X’s complaint because the Information Commissioner is better placed to dealt with the issues he raised.
Investigator's decision on behalf of the Ombudsman