Summary: Mr X complains the Council has breached the Data Protection Act by failing to respond to requests for personal data within the statutory timeframe. The Ombudsman does not intend to investigate this complaint as Mr X says he has already approached the Information Commissioner’s office.

The complaint

1. Mr X complains the Council has failed to respond to requests for personal information within the statutory time frame.

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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 the information provided by Mr X in the complaint form.

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What I found

4. Mr X asked the Council for information under the Data Protection Act. He says the first response he received was incomplete, so he sent in a formal challenge. The Council contacted him asking for an extension to the deadline for their response. He says when made this complaint to the Ombudsman he had not received a response from the Council. Mr X confirms he has already contacted the Information Commissioner’s Office.
5. I do not intend to investigate this complaint. The Information Commissioner’s Office (ICO) is the body set up by Parliament which has specific powers and expertise to investigate access to information concerns, including breaches of the Data Protection Act.

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Final decision

6. I will not investigate this complaint because the ICO is the appropriate body to deal with this complaint.
   Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman