Rotherham Metropolitan Borough Council (21 013 629)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 14 Dec 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint about the Council sharing his phone number with a councillor. This is because Mr B may complain to the Information Commissioner’s office, which is in the best position to consider the matter.
The complaint
- The complainant, who I will refer to as Mr B, complains that the Council shared his phone number with a councillor without his consent. Mr B would like the Council to admit it breached data protection laws and apologise.
The Ombudsman’s role and powers
- The Ombudsman investigates 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))
- 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)
How I considered this complaint
- I considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Information Commissioner’s Office enforces all data protection legislation. The main functions of the Information Commissioner’s office are to uphold information rights in the public interest by promoting openness by public bodies and protecting the privacy of individuals.
- Mr B may complain to the Information Commissioner about the Council sharing his phone number with a councillor. The Information Commissioner is in the best position to decide if the Council has breached data protection laws.
Final decision
- We will not investigate Mr B’s complaint because there is another body – the Information Commissioner’s office – which is better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman