The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about the Council’s use of his personal data. This is because the Information Commissioner is better placed to consider this matter.
The complaint
Mr B complains the Council wrongly shared his personal data with a private company despite his clear request not to do this.
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 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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B’s complaint is about the Council’s use of his personal data. This is a data protection matter. The Information Commissioner is in the best position to decide data protection complaints. Mr B may make this complaint to the Information Commissioner and he has said he intends to do this. So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because the Information Commissioner is better placed to consider the issue he complains about.
Investigator's decision on behalf of the Ombudsman