Summary: We will not investigate Ms X’s complaint about the processing of her data by the Council. The Information Commissioner has powers to decide matters relating to data processing that we lack, and so would be better placed than us to consider this matter.

The complaint

1. Ms X said the Council had refused her permission to restrict its processing of her data.

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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 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))
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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X’s complaint is directly about data processing.

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Final decision

7. We will not investigate Ms X’s complaint because the Information Commissioner is better placed than us to consider a matter in respect of which it has powers we lack to require actions relating to data processing.

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Investigator's decision on behalf of the Ombudsman