The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s use of a secure messaging system. This is because the complainant may bring the matter to the attention of the Information Commissioner, who is better placed than the Ombudsman to consider it.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council failed to act on his request that it cease holding his data on its secure messaging system, thereby breaching the General Data Protection Regulation (GDPR).
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B asked the Council not to communicate with him via its secure messaging system. He complains that it failed to act on his request. He withdrew consent for his data to be stored on the system and contends that the Council’s failure to act on his request constitutes a breach of the GDPR.
In its response to Mr B’s complaint, the Council agreed that future communications would be made by unprotected email. But it did not accept that its use of its secure messaging system breached the GDPR.
We will not investigate Mr B’s complaint. It is not for the Ombudsman to take a view on whether the Council breached GDPR. That is a matter which can be brought to the attention of the Information Commissioner and, ultimately, can be determined in court. The Information Commissioner is better placed than the Ombudsman to consider the matter and we will not intervene.
Final decision
We will not investigate Mr B’s complaint because another body is better placed than the Ombudsman to do so.
Investigator's decision on behalf of the Ombudsman