Summary: The Ombudsman will not investigate Ms X’s complaint about the Council’s mishandling of her data which has caused her distress. This is because the Information Commissioner’s Office is best placed to deal with this matter.

The complaint

1. Ms X complains the Council failed to remove her personal data from its database after her request for it to do so, and then used her personal data to contact her. Ms X says she has been caused distress by this and seeks compensation.

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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 have considered what Ms X said in her complaint. I have sent my draft decision to Ms X for her comments. Ms X made no further comment.

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What I found

4. Ms X complains the Council failed to remove her personal data from its database after her request for it to do so, and then used her personal data to contact her. Ms X says she has been caused distress by this and seeks compensation.
5. The Information Commissioner’s Office (ICO) is the UK’s independent authority on data protection matters. It is best placed to deal with the concerns Ms X raises, and we will not therefore investigate

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Final decision

6. My decision is that the Ombudsman will not investigate this complaint. This is because the ICO is best placed to deal with it.

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Investigator's decision on behalf of the Ombudsman