Summary: We shall not pursue this complaint about the Council sharing information with another organisation. This is because it would be more appropriate for the Information Commissioner to consider this.

The complaint

1. Miss X complains the Council wrongly shared information about her family with another organisation, which she found embarrassing and unnecessary.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
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 the information Miss X provided and discussed the complaint with her. I gave Miss X the opportunity to comment on my draft decision and she accepted its contents.

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What I found

5. Miss X looks after a member of her family who has disabilities. The Council was asking other organisations whether they could provide some respite care. Miss X says the Council sent one organisation unnecessary personal information about the family’s circumstances that she says was irrelevant to the matter under consideration. Miss X reports this caused embarrassment. Miss X argues the Council’s action breached article 5 of the General Data Protection Regulation (GDPR), which is the law covering the use of personal data.
6. This complaint turns on whether the Council’s action breached the relevant law. The Information Commissioner has the legal power and necessary expertise to decide that and to make recommendations where a breach has happened. Therefore I consider it more appropriate in the circumstances for Miss X to ask the Information Commissioner to consider the complaint.

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Final decision

7. We shall not investigate this complaint. This is because there is another body better placed to deal with the complaint.

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Investigator's decision on behalf of the Ombudsman