Summary: We will not investigate this complaint about that the Council committed a data breach by accessing her private information without her consent and sharing it with others. This is because complaints about breaches of data protection regulations are better considered by the Information Commissioner.

The complaint

1. The complainant, who I will call Ms X, complains that the Council accessed private information about her from social media and shared it with others without her permission. Ms X says this is a breach of data protection regulations.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. I will not investigate Ms X’s complaint that the Council committed a data breach by accessing information from social media and sharing it with others. This is because complaints about breaches of data protection regulations are better considered by the Information Commissioner.

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Final decision

7. We will not investigate Ms X’s complaint because the Information Commissioner is better placed to deal with the matter.

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Investigator's decision on behalf of the Ombudsman