Summary: We will not investigate this complaint about the Council’s failure to comply with Mrs X’s subject access request. The Information Commissioner is better placed to consider and decide complaints about data protection. 

The complaint

1. Mrs X complains about the Council’s failure to comply with her subject access request (SAR). She says the Council has not provided any of her personal data, including a call recording. Mrs X says this has caused her significant distress. She wants the Council to provide the full SAR, correct any inaccuracies and explain reasons for the delay. Mrs X also wants the Council to address the failings in its complaint handling.

Back to top

The Ombudsman’s role and powers

2. 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))
3. 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)
4. We will not usually investigate complaint handling if we are not investigating the rest of the complaint. This is because there is not usually enough injustice to justify us doing so. We collect information about particularly poor complaint handling practice and report this back to organisations. (Local Government Act 1974, section 24A(6), section 34B(8))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. The Information Commissioner’s Office (ICO) enforces data protection legislation. The ICO can investigate complaints about data protection. 
8. We will not investigate this complaint. The ICO is better placed to consider and decide data protection complaints, and it is reasonable to expect Mrs X to complain to the ICO.
9. We will not investigate the complaint handling and communication issues separately because any resulting injustice is not significant enough to justify our involvement.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman