The Ombudsman's final decision
Summary: We will not investigate this complaint about data protection issues related to a planning application. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate as there is another body better placed to deal with the complaint.
The complaint
The complainant, whom I shall refer to as Mr X, has complained the Council wrongly published his personal details on the planning section of its website after he asked it not to. Mr X says the Council’s actions amount to a serious data breach and he has been caused considerable distress by the matter. Mr X says the Council has failed to address the upset he has been caused and it has not done enough to prevent the same issue happening again.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider the complaint.
(Local Government Act 1974, section 24A(6)) 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 Mr X and the Ombudsman’s Assessment Code.
Final decision
The Ombudsman will not investigate this complaint because Mr X can complain to the Information Commissioner’s Office (ICO) if he is concerned about how the Council handles his personal data. The ICO is the independent body set up to uphold information rights and deals with complaints about public authorities’ failures to comply with data protection legislation. This will include wrongly publishing information. Therefore, the ICO is best placed to deal with Mr X’s concerns.
Investigator's decision on behalf of the Ombudsman