Summary: We will not investigate this complaint about the Council’s handling of information requests as it is best dealt with by the Information Commissioner’s Office.

The complaint

1. Mr X complains the Council has failed to properly respond to several subject access requests (SARs) he made to it and to implement recommendations made to it by the Information Commissioner’s Office (ICO) regarding its handling of such requests.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The ICO is the UK’s independent regulator in respect of data protection matters and is best placed to assess the Council’s handling of Mr X’s SARs and to decide what action the Council should take regarding this. Mr X should also take up his concerns that the Council has failed to implement ICO recommendations with the ICO itself.

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Final decision

6. We will not investigate Mr X’s complaint because it is best dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman