Summary: Ms X alleges the Council breached the Data Protection Act (DPA) when an officer photographed her personal information during an inspection of a riding school. We will not investigate this complaint. This is because the Information Commissioner’s Office is better placed to decide if the DPA has been breached.

The complaint

1. In summary, Ms X complains the Council’s actions breached the Data Protection Act during an inspection of riding school she was attending. She says the Council recorded her name, address and signature from the records of the riding school.
2. Ms X says she is worried about her identity being stolen and that the Council has no good reason to hold her details.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant which includes the Council’s responses.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I note the Council says it is entitled to and justified in holding on to the information gathered during its inspection.
7. We will not investigate this complaint. This is because it is reasonable for Ms X to refer the matter to the Information Commissioner’s Office (ICO). This is because the ICO is the body with specific powers and expertise to investigate the Council’s information handling practices and achieve Ms X’s desired outcomes.
8. The Information Commissioner’s Officer has powers - which the Ombudsman does not - to require compliance with the Freedom of Information Act, Environmental Information Regulations and the UK General Data Protection Regulations, tailored by the Data Protection Act 2018. It can consider whether the Council has breached the Data Protection Act in Ms X’s complaint.

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Final decision

9. We will not investigate Ms X’s complaint because it is reasonable to expect her to complain to the ICO as it is better placed.

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Investigator's decision on behalf of the Ombudsman