Summary: We will not investigate this complaint about data protection. The Information Commissioner is better placed to consider and decide complaints about data protection.

The complaint

1. Mr X complains the Council shared its response to his complaint with a third party without his consent. He says this has caused distress, reputational risk and disrupted his business operations.

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The Ombudsman’s role and powers

2. 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 the complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Information Commissioner’s Office (ICO) enforces data protection and information rights legislation. 
7. We will not investigate this complaint. The ICO is better placed to consider and decide complaints about data protection. It is reasonable to expect Mr X to complain to them.

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Final decision

8. We will not investigate Mr X’s complaint because the ICO is better placed to consider and decide complaints about data protection.

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Investigator's decision on behalf of the Ombudsman