Reasons ICO Closed Complaints
Given how many complaints are not investigated by the ICO, I anticipated my complaint to be closed. However, does my experience reflect how the ICO achieves their high non-investigation statistics? What closure reasons have people had in their ICO complaints, and has anyone used the local MP approach or alternatives?
I complained to the ICO about a private UK sports/healthcare organisation who among several actions and findings:
- Without my consent, accessed health records about external treatment I was receiving to change my treatment with them to this since 'we are better'. I learned about their actions from SARs since they refused to tell me why my treatment suddenly changed and why my care was also terminated.
- Ignored my rectification request and data protection complaint.
- The DPO (who is the Founder, CEO and much more, which I raised a conflict of interest on, and changed/terminated my care) threatened legal action when I contacted to exercise my rights of deletion.
The ICO closed my complaint using a brief remark I had in my complaint...
ICO (after months of waiting since I submitted): An organisation can respond to a SAR on the final day of the deadline.
Me (appeal): Sure, but what about my whole complaint? I had detailed the harm (MRI scans, referrals, diagnoses etc) I attribute to the situation.
ICO: Section 165 of DPA 2018 informs the ICO does not determine the outcome of every concern within a complaint received. The ICO will not respond any further, but you can appeal our decision using your local MP.