Summary: The Ombudsman will not investigate Miss X’s complaint about a breach of data protection laws. She has already asked the Information Commissioner to consider her complaint, but they have declined to do so. Also, this complaint is closely linked to other complaints previously considered by the Ombudsman.

The complaint

1. Miss X complains the care provider has:
• breach data protection laws
• breached her confidentiality
• failed to keep information confidential during an investigation; and
• caused false information to be placed on her medical records

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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:

• we cannot achieve the outcome someone wants
• there is another body better placed to consider this complaint

(Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

3. I have considered the information Miss X provided and the Ombudsman’s role and powers. She commented on the draft version of this decision.

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What I found

4. Miss X’s complaints are about failure to protect personal, confidential information and breaches of data protection regulations.
5. The Information Commissioner’s Office (ICO) is an independent authority that deals with complaints about failures to comply with data protection legislation. This includes complaints of breaches of data protection.
6. Ms X says she asked the ICO to investigate her complaints, but it declined due to the length of time between the alleged faults, which occurred in 2016, and her report. Therefore, she decided to complain to the Ombudsman.
7. Ms X has made several other complaints to the Ombudsman which I consider to be closely linked to this complaint.
8. I understand Ms X wants the Ombudsman to investigate her complaint as the ICO will not do so. However, the ICO is the authority which has the expertise and legal powers to uphold information rights.
9. The Ombudsman will not revisit matters which he has previously considered.

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Final decision

10. I will not investigate this complaint. The Information Commissioner is better placed to consider complaints about data handling and breaches of data protection. I understand it has declined to investigate her complaint, but I do not believe the Ombudsman can achieve the outcome she is seeking. Also, this complaint is closely linked to matter we have already considered.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman