Summary: We will not investigate Mr X’s complaint that the Council unlawfully processed and shared his personal data. This is because the Information Commissioner’s Office is better placed to consider this complaint. We will not investigate Mr X’s complaint about the Council’s complaint process because it does not meet the tests in our assessment code.

The complaint

1. Mr X complains the Council:
• processed his data unlawfully;
• shared his information with an officer he said he did not want to have access to his information; and
• failed to consider his complaint through its complaints procedure.
2. Mr X said the matter caused him frustration, distress, and uncertainty.

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The Ombudsman’s role and powers

3. We investigate 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 or continue an investigation if we decide:

• there is another body better placed to consider this complaint, or
• the tests set out in our Assessment Code are not met.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection and data processing. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate Mr X’s complaint that the Council unlawfully processed his personal data and shared information with an officer he said he explicitly told the Council he did not want to have access to his information.
8. This is because the matter complained about relates to data processing. The Information Commissioner’s Office (ICO) was created by parliament to consider matters relating to data processing and data protection. It is therefore better placed than the Ombudsman to consider these types of complaint.
9. I have seen no good reasons the Ombudsman should investigate this matter in place of the ICO. Therefore, we will not investigate this complaint.
10. We will not investigate Mr X’s complaint that the Council refused to consider his complaint through its formal complaints procedure. This is because it is not a good use of public resources to investigate complaints about complaint procedures if we are unable to deal with the substantive issue.

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Final decision

11. We will not investigate Mr X’s complaint because the Information Commissioner’s Office is better placed to consider his complaint about data processing and data protection. We will not investigate the rest of the complaint because it does not meet the tests in our assessment code.

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Investigator's decision on behalf of the Ombudsman