The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint. This is because complaints about data matters such as this are best considered by the Information Commissioner’s Office.
The complaint
The complainant, whom I shall call Mr X, complains the Council has refused to remove data it holds about him which was provided by a third party in a data breach.
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 do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains about the Council’s handling of his request to remove data supplied by a third party in a data breach and about its decision not to remove the data.
The Council wrote to Mr X signposting him to the Information Commissioner’s Office (ICO) should he remain dissatisfied with its handling of his request.
I can see from the information Mr X has provided that he has already contacted the ICO. This is the appropriate body to consider data matters such as this, rather than the Ombudsman.
Final decision
We will not investigate Mr X’s complaint. This is because the ICO is best placed to consider complaints about data protection matters such as this and Mr X has already contacted the ICO about it. That is the appropriate body to consider this matter rather than this office. We will not also consider it.
Investigator's decision on behalf of the Ombudsman