The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to Ms X’s subject access requests under the GDPR legislation and its use of her personal data. This is because the Information Commissioner’s Office is best placed to deal with such issues.
The complaint
Ms X complains the Council has failed to comply with multiple subject access requests and that it has unlawfully shared her personal data. She wants to be provided with a copy of all data she is entitled to see.
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 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, including its response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
We do not investigate every complaint we receive and we will not investigate if we decide there is another body better placed to consider the complaint.
Ms X complains about data breaches and the Council’s response to her subject access requests. Such matters are best dealt with by the body specifically set up to consider them, the Information Commissioner’s Office.
Final decision
We will not investigate Ms X’s complaint because the Information Commissioner’s Office is best placed to deal with it.
Investigator's decision on behalf of the Ombudsman