The Ombudsman's final decision
Summary: We will not investigate this complaint about a breach of GDPR. This is because the Information Commissioner’s Office is better placed to consider it.
The complaint
Miss Y complains that the Council has breached GDPR regulations because it will not tell her where it obtained her telephone number and will not remove it from Council records.
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 impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Miss Y’s complaint. The Information Commissioner’s Office (ICO) are better placed to consider complaints about data protections matters including GDPR breaches.
Final decision
We will not investigate Miss Y’s complaint because the ICO are better placed to consider the matter.
Investigator's decision on behalf of the Ombudsman