Summary: We will not investigate Mr B’s complaint about the Fire Authority’s handling of his personal data. This is because the Information Commissioner is better placed to consider this complaint.

The complaint

1. Mr B complains the Fire Authority wrongly stored and shared his personal data. Mr B says the Authority then introduced a policy after the event to try to justify its actions. Mr B also complains about the Authority’s handling of his complaint about this matter. Mr B would like the Authority to provide honest answers to all the concerns he raised. Mr B would also like the Authority to apologise and to set out how the Authority will put right the damaging and unlawful actions against him.

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The Ombudsman’s role and powers

2. 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))
3. 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)

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How I considered this complaint

4. I considered information provided by Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B’s complaint is about the Authority’s use of his personal data. Mr B may make this complaint to the Information Commissioner’s Office (ICO), which is in the best position to decide data protection complaints.
7. 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.
8. The Information Commissioner enforces all data protection legislation and is in the best position to consider the issues Mr B complains about.
9. So, we will not investigate Mr B’s complaint about the Authority’s use of his personal data.
10. Mr B also complains about the Authority’s handling of his complaint. But, it is not a good use of public resources to investigate complaints about complaint procedures, if we are not investigating the substantive issue. So, an investigation solely into the Authority’s handling of Mr B’s complaint is not justified.

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Final decision

11. We will not investigate Mr B’s complaint because there is another body – the ICO – better placed to consider this complaint.

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Investigator's decision on behalf of the Ombudsman