Summary: We will not investigate Ms X’s complaint about the Council’s actions while carrying out an inspection of her business for licensing purposes. This is because Ms X’s main concern relate to a data protection issue and the Information Commissioner is better placed to consider it.

The complaint

1. The complainant, Ms X, complains the Council took photos of her confidential files while carrying out an inspection of her business as part of her application to renew her operating licence.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

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My assessment

4. Ms X believes the Council’s actions amount to a breach of data protection and she has referred the matter to the Information Commissioner to consider.
5. The Information Commissioner is the expert in dealing with alleged breaches of the General Data Protection Regulations and they are better placed to decide whether the Council’s actions were appropriate in this case.

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Final decision

6. We will not investigate this complaint. This is because the Information Commissioner is better placed to consider the matter and decide whether the Council’s actions amount to a breach of data protection.

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Investigator's decision on behalf of the Ombudsman