Summary: We will not investigate this complaint about the Council holding and sharing information Ms Y believed to be inaccurate. The Information Commissioner is better placed to consider and decide complaints about data protection matters.

The complaint

1. Ms Y complained the Council recorded inaccurate information which it then shared with another agency.
2. Ms Y wants the Council to correct the information she regards as inaccurate.

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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. (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. 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 Ms Y.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms Y complained to the Council about it holding inaccurate information about her. The Council considered Ms Y’s data rectification request and told her its position.
8. The Information Commissioner (ICO) enforces data protection legislation. The main functions of the ICO are to uphold information rights in the public interest by promoting openness by public bodies and protecting the privacy of individuals.
9. We will not investigate this complaint. The ICO is better placed to consider and decide complaints about data protection matters. This includes right to rectification complaints.

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Final decision

10. We will not investigate Ms Y’s complaint because the ICO is better placed to consider and decide complaints about data protection matters.

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Investigator's decision on behalf of the Ombudsman