Summary: The Ombudsman will not investigate Miss X’s complaint about the Council’s disclosure of her anonymous feedback and failure to provide her with access to information about her. This is because the Information Commissioner’s Office is the most appropriate body to consider her concerns.

The complaint

1. Miss X complains that her anonymous feedback to a Council run leisure centre was disclosed to a member of staff, in doing so revealing her identity.
2. Miss X also complains that she has been informed by management of the leisure centre that her actions are a Health and Safety concern but will not disclose to her what these concerns are.

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The Ombudsman’s role and powers

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 have considered Miss X’s complaint to the Ombudsman and the information she has provided. I have written to Miss X and considered her comments in response.

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What I found

5. At the heart of Miss X’s complaint is a data protection issue. Namely, Miss X’s request for her identity not to be disclosed and her request for access to data held on her in relation to the Health and Safety matter.
6. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information in error and access to a person’s data.
7. There is no charge for making a complaint to the ICO and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO.
8. I consider the ICO to be in a much better position than the Ombudsman to consider Miss X’s complaint.
9. The ICO can decide if there has been a breach of Miss X’s personal data in relation to the anonymous feedback. The ICO can also require the Council to provide information held about individuals.
10. The ICO has much wider powers than the Ombudsman to act if it finds the Council has failed in its duties as a data controller.

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Final decision

11. My decision is that the Ombudsman will not investigate this complaint. This is because the ICO is the most appropriate body to deal with her concerns.

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Investigator's decision on behalf of the Ombudsman