Summary: We will not investigate this complaint about how the Council handled a data rectification request. The Information Commissioner is better placed to consider and decide complaints about information rights.

The complaint

1. Mrs Z complained the Council holds inaccurate information and has refused to correct it.
2. Mrs Z said this caused distress.
3. Mrs Z wants the Council to apologise, review its processes and correct the data.

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The Ombudsman’s role and powers

4. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. 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

6. I considered information provided by Mrs Z.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs Z complained to the Council that it held inaccurate and unsupported information about her.
9. The Council considered Mrs Z’s request for data rectification and told her its position.
10. The Information Commissioner’s Office (ICO) is the UK regulator for data protection and enforces the UK General Data Protection Regulations (GDPR) and the Data Protection Act 2018. This includes data rectification matters.
11. We will not investigate Mrs X’s complaint because the ICO is better placed to consider and decide complaints about information rights.

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Final decision

12. We will not investigate Mrs Z’s complaint because the ICO is better placed to consider and decide complaints about information rights.

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Investigator's decision on behalf of the Ombudsman