The Ombudsman's final decision
Summary: We will not investigate this complaint that contractors working for the Council are misusing people’s personal information. This is because it is best dealt with by the Information Commissioner’s Office and the personal injustice Mr Z claims is not significant.
The complaint
Mr Z, complained that contractors working for the Council’s Coroner’s Services department are misusing personal data obtained via the contracted services to ‘cold-call’ people to market their own private businesses. He also complained they display visible company logos and pass their company information to people. Mr Z said this is upsetting people when they are already distressed.
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 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 continue an investigation if we decide: any injustice is not significant enough to justify our involvement, or any fault has not caused injustice to the person who complained, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
If Mr Z is concerned about how the Council or its contractors handle information, he can complain to the Information Commissioner’s Office (ICO). The ICO is the UK’s data protection regulator and deals with complaints about how organisations handle people’s information. It is therefore best placed to deal with Mr Z’s concerns about possible data breaches.
Mr X says the issues have caused upset to families at an already distressing time. But I do not consider Mr Z has suffered any significant personal injustice as a result of the issues complained about.
Final decision
We will not investigate Mr Z’s complaint because it is best dealt with by the Information Commissioner’s Office and he has not suffered any significant personal injustice.
Investigator's decision on behalf of the Ombudsman