Summary: We will not investigate Mrs X’s complaint about a data breach by the Council. This is because complaints about data matters such as this are best considered by the Information Commissioner’s Office.

The complaint

1. The complainant, Mrs X, complains the Council committed a data breach in sharing her data with third parties. She also complains about the impact of this breach.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X complained to the Council that it committed a data breach in sharing her data with third parties.
8. The Council investigated, it said it found no evidence to suggest it had illegally shared Mrs X’s data. It signposted Mrs X to the Information Commissioner’s Office if she remained dissatisfied with its response and wished to pursue the matter further.
9. We will not investigate Mrs X’s complaint. This is because it is about matters best considered and decided by the Information Commissioner’s Office as it is the body set up to consider data matters such as this.

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Final decision

10. We will not investigate Mrs X’s complaint because it is about a data matter which is best considered by the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman