The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a subject access request. The Information Commissioner is better placed to consider complaints about data protection.
The complaint
Mr X, represented by Ms Y, complained there has been unacceptable delay in processing his subject access request (SAR).
Ms Y said this has prevented Mr X from complaining to us about a separate matter.
Ms Y wants the Council to process the SAR, review its processes and pay a financial remedy in recognition of the delay.
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 Ms Y.
I considered the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner (ICO) enforces data protection legislation. The main functions of the ICO are to uphold information rights in the public interest by promoting openness by public bodies and protecting the privacy of individuals.
We will not investigate this complaint. The ICO is better placed to consider and decide complaints about data protection, including delay in processing a SAR. Mr X has already complained to the ICO.
Final decision
We will not investigate Mr X’s complaint because the ICO is better placed to consider and decide complaints about data protection.
Investigator's decision on behalf of the Ombudsman