Summary: The Ombudsman will not investigate this complaint that the Council breached data protection legislation. The Information Commissioner is best placed to deal with the complaint.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council breached data protection legislation by contacting his GP.

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The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe there is another body better placed to consider the complaint. (Local Government Act 1974, section 24A(6), as amended)
3. We normally expect someone to refer a complaint about data protection to the Information Commissioner. 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 what Mr B said in his complaint and background information provided by the Council.

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What I found

5. Mr B complained to the Council that members of its staff breached the General Data Protection Regulation (GDPR) by contacting his GP without his consent. The Council says it does not believe it breached the GDPR.

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Final decision

6. I have decided we will not investigate this complaint because the Information Commissioner is best placed to deal with it.

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Investigator's decision on behalf of the Ombudsman