Summary: We will not investigate Mrs B’s complaint about the Council placing a CCTV camera outside her home which affects her privacy. This is because the Information Commissioner is in the best position to decide whether the Council has followed data protection laws.

The complaint

1. The complainant, who I will refer to as Mrs B, complains that the Council has located a CCTV camera on a streetlight outside her home. Mrs B says the camera affects her privacy because it can record footage from inside her home. Mrs B also says the camera may affect the future sale of her property because it gives the impression the area is unsafe. Mrs B would like the Council to move the camera to a different streetlight.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
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)

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How I considered this complaint

4. I considered information provided by Mrs B and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In response to Mrs B’s complaint, the Council said:
• It has a justifiable reason for using CCTV in this area.
• The camera is moveable and is usually set to an overview of camera coverage in the area.
• The camera is a temporary measure and will be moved shortly for operational reasons.
• It will check the system regularly to make sure it is working in line with data protection laws.
7. Mrs B may complain to the Information Commissioner if she considers the camera in its current location breaches her right to privacy. The Information Commissioner is in the best position to decide if the Council has followed data protection laws.
8. Mrs B is also concerned that the camera could affect the future sale of her property. But, the Council has explained the camera is a temporary measure and will soon be moved to a different location. So, this does not justify an investigation.

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Final decision

9. We will not investigate Mrs B’s complaint because there is another body – the Information Commissioner – which is better placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman