Summary: Mrs X complains she was caused stress and inconvenience when the Council wrongly passed her personal data to a third party. The Ombudsman will not investigate as this is a complaint for the Information Commissioner’s Office.

The complaint

1. The complainant, whom I shall call Mrs X, complains the Council wrongly passed her personal data to a third party and this caused her stress and inconvenience.

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The Ombudsman’s role and powers

2. 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

3. I have considered what Mrs X said in her complaint and her comments made in response to my draft decision.

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What I found

4. Mrs X complains that due to a delay in the Council updating her council tax record, the Council wrongly sent her personal information to a third party. Mrs X seeks compensation for the stress and inconvenience this has caused.

Assessment

5. The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to protect data rights. It is best placed to deal with Mrs X’s complaint and so we will not investigate.

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Final decision

6. My decision is that the Ombudsman should not investigate this complaint. This is because the ICO is the body best placed to do so.

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Investigator's decision on behalf of the Ombudsman