City of Doncaster Council (23 015 768)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 12 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a data breach. The Information Commissioner is best placed to consider the matter.
The complaint
- Mr X complained the Council shared his personal data with his neighbours and lied about doing so, causing altercations and stress. He wants the Council to take disciplinary action against the responsible members of staff.
The Ombudsman’s role and powers
- 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))
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s complaint relates to information he says the Council wrongly shared with his neighbour, in breach of the General Data Protection Regulation.
- The Information Commissioner’s Office (ICO) is the body that considers how organisations handle people’s personal information. The Council rightly signposted Mr X to contact the ICO.
- There is not a wider complaint within our jurisdiction, nor is Mr X seeking a remedy that only we, and not the ICO, could achieve. It is reasonable for Mr X to raise his concerns with the ICO, as it is best placed to consider the matter.
Final decision
- We will not investigate Mr X’s complaint because the Information Commissioner is best placed to consider the matter.
Investigator's decision on behalf of the Ombudsman