Summary: We will not investigate this complaint about data protection because there is another body better placed to consider the complaint and it is reasonable to expect Miss Y to approach the Information Commissioners Office.

The complaint

1. Miss Y complained the Council breached her data protection rights when enforcement agents, acting on its behalf, left details at a previous address while trying to enforce a PCN debt, including leaving her name and that she owed money.
2. Miss Y says this led to a breach of her privacy by the Council as her details were given to a third party without her consent.

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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 Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information to third parties.
7. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. I consider that to be the case here and Miss should therefore approach the ICO about her concerns. We will not investigate.

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Final decision

8. We will not investigate Miss Y’s complaint there is another body better placed to consider the complaint and it is reasonable to expect Miss Y to approach the Information Commissioners Office.

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Investigator's decision on behalf of the Ombudsman