Gateshead Metropolitan Borough Council (23 018 643)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 12 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about a possible breach of data protection. This is because the Information Commissioner is better placed to deal with the matter. If Mr X believes he is entitled to damages resulting from the alleged breach it would be reasonable for him to make a claim against the Council at court.
The complaint
- The complainant, Mr X, complains the Council has breached the General Data Protection Regulation (GDPR) in referring to his personal information as part of a case review without his consent. He says the issue has caused him distress.
The Ombudsman’s role and powers
- 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)
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- The Council considers its use of Mr X’s personal data was appropriate and it has declined to consider his complaint about the matter further. It has directed Mr X to the Information Commissioner and as the experts in data protection they are better placed to decide whether the Council’s actions amount to a breach of the GDPR. If the Information Commissioner decides the Council has breached the GDPR Mr X may make a claim against it at court for damages.
Final decision
- We will not investigate this complaint. This is because the Information Commissioner is better placed to decide if the Council’s use of Mr X’s personal data amounts to a breach of the GDPR and if it does, it would be reasonable for Mr X to seek a remedy against the Council at court.
Investigator's decision on behalf of the Ombudsman