Summary: The Ombudsman will not investigate Mr X’s complaint about a breach of data protection as this is a matter for the Information Commissioner’s Office. Mr X’s complaint that a Council officer threatened him is a matter for the police.

The complaint

1. The complainant, whom I shall call Mr X, complains a Council officer breached data protection rules to obtain his work contact details. Mr X also complains the officer threatened him.

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The Ombudsman’s role and powers

2. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

3. I have considered what Mr X said in his complaint and background information the Council has sent to me.

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What I found

4. Mr X complains about the conduct of a Council officer who Mr X says threatened him and breached data protection rules by contacting him at his work address.
5. Mr X complained to the Information Commissioner’s Office (ICO) who found the Council had not breached data protection rules.

Analysis

6. The ICO is the expert body that deals with data protection matters. If Mr X is unhappy with its decision he can appeal against it to the First Tier Tribunal.
7. We would expect Mr X to report threatening behaviour to the police.

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Final decision

8. We will not investigate as Mr X’s complaints are best dealt with by other agencies.

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Investigator's decision on behalf of the Ombudsman