Summary: We will not investigate this complaint about the Council gathering unnecessary personal data for small transactions at some Council libraries. This is because the Information Commissioner is better placed to consider this complaint.

The complaint

1. Mr C complains the Council wrongly requires a resident to open a library account to make low value purchases such as food caddy bags at some Council libraries. Mr C says this is excessive data collection and not in line with data protection legislation.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

Final decision

6. Mr C may raise his concerns with the Information Commissioner, who is in the best position to consider data protection complaints. So, we will not investigate this complaint.

Back to top

Investigator's decision on behalf of the Ombudsman