The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about a breach of data protection. It is reasonable to expect Mrs X to raise her concerns with the Information Commissioner’s Office.
The complaint
Mrs X complained the Council failed to work in line with the Data Protection Act. She said it shared a document with an email address that she had previously asked to be removed.
Mrs X said the Council responded and agreed to remove the email address. However, she said the Council included it in further documents and correspondence.
Mrs X said this caused emotional distress. She wanted the Council to: consider her concerns; allocate a new caseworker; improve its data protection processes; and improve its compliance with agreed remedies.
The Ombudsman’s role and powers
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.
I considered the Ombudsman’s Assessment Code.
My assessment
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.
The Information Commissioner’s Office (ICO) holds more powers than the Ombudsman to address complaints about data protection. In this case there is no good reason for us to investigate the matter instead. In the absence of a wider complaint we could consider, the ICO is the best placed body to consider Mrs X’s complaint.
Final decision
We will not investigate Mrs X’s complaint because the Information Commissioner’s Office is the best body placed to consider the matter.
Investigator's decision on behalf of the Ombudsman