The Ombudsman's final decision
Summary: We will not investigate this complaint about a breach of data protection. It is reasonable for the complainant to ask the Information Commissioner’s Office to consider his concerns.
The complaint
The complainant, I shall call Mr X, says the Council breached his data protection rights when an Officer searched for his personal details on the internet
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 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 Mr X including the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s girlfriend works for the Council. He says that an Officer in her team performed an internet search on him after his girlfriend told her co-workers that he was moving to a new home.
In response to his complaint the Council says during an casual conversation, his girlfriend mentioned to her colleagues that Mr X was moving home. One of her colleagues carried out a google search on the area Mr X was moving to.
As a result of its investigation into Mr X’s complaint, the Council says there is no evidence that Mr X’s privacy was breached. It apologised for Mr X feeling the need to make his complaint.
The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes breaching individuals’ data protection rights.
There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. I consider that to be the case here and Mr X should therefore approach the ICO about his concerns.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to complain to the ICO which is the body specifically set up by Parliament to uphold information rights.
Investigator's decision on behalf of the Ombudsman