The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s use of a mobile phone application to pay for parking at a local car park. This is because there is not enough evidence of fault by the Council causing Mr X significant injustice. There are other bodies better placed to consider Mr X’s concerns about the company’s use of his personal data.
The complaint
The complainant, Mr X, complains about the Council’s use of a mobile phone application to process payments for parking at a local car park. He says the application has sold on his personal data and as a result he receives ‘spam’ emails and telephone calls.
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 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.
My assessment
It is not fault for the Council to decide to use a mobile phone application to process payment for car parking and it is not for us to say it must offer alternative ways for motorists to pay. The Council allows payment in cash or by use of the application and this is sufficient to meet its obligations.
It is also unlikely we could prove any direct link between Mr X signing up for an account with the application and receiving the spam emails and telephone calls, or that we could hold the Council responsible for this. The Council confirms its practices comply with the relevant legislation but if Mr X disputes this he may wish to refer the matter to the Information Commissioner. He has also confirmed he intends to take legal action against the company behind the application, along with the Council. The Information Commissioner and the courts are better placed to decide whether the Council or the company has breached the General Data Protection Regulations (GDPR) and to provide a remedy for this.
Final decision
We will not investigate this complaint. This is because there is not enough evidence of fault by the Council or to show its actions caused Mr X significant injustice. There are also other bodies better placed to investigate the issues Mr X has raised.
Investigator's decision on behalf of the Ombudsman