Summary: We will not investigate this complaint that the Council has monitored the complainant’s social media and shared personal information about his children between different Council teams. This is because there is insufficient evidence of fault by the Council and because the complainant could complain to the Information Commissioner.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council has carried out inappropriate monitoring of his social media and shared personal and sensitive information about his children. Mr X wants an apology, a guarantee the Council will end the monitoring and for staff to receive training.

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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 an investigation if we believe:

• it is unlikely we would find fault, or
• there is another body better placed to consider this complaint.

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

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 read the complaint and the Council’s response. I considered the tweet from Mr X that he complained about. I invited Mr X to comment on a draft of this decision.

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What I found

What happened

5. Mr X posted a tweet on the Council’s twitter account. The tweet included information about Mr X’s family and referred to education and safeguarding.
6. Mr X had an on-going complaint with the Council regarding his children. The complaints team was aware the communications team had previously responded to a tweet from Mr X. The complaints team told the communications team that Mr X had a live complaint and no further responses should be made via twitter.
7. Mr X made a Subject Access Request and saw information about this exchange between the two teams. He complained to the Council that it had been inappropriately monitoring his social media and wrongly sharing sensitive information about his children. In response the Council explained that it had not monitored his social media but had monitored its own social media account that Mr X had posted a tweet on. It explained that the communications team had been asked not to reply on twitter because Mr X had a complaint. It said that no other personal information had been shared. The Council said the information Mr X had posted on the Council’s twitter account could be read by many people and he may wish to consider what information he places in the public domain.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Council. Mr X posted a tweet on the Council’s twitter account; any monitoring done by the Council was of its own account and of information that Mr X chose to place on that account. Mr X has not provided any evidence that the Council monitors personal social media accounts held by Mr X. In addition, the Council has explained that it made the communications team aware that Mr X had a complaint where there was a degree of overlap with the subject matter of his tweet and that the Council should not respond by twitter. There is nothing to suggest the Council inappropriately shared personal information.
9. I also will not start an investigation because Mr X can complain to the Information Commissioner (ICO) if he continues to believe that the Council has mis-used personal information about him. It is reasonable to expect Mr X to complain to the ICO because that is the specific organisation that considers complaints about data handling.

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Final decision

10. I will not start an investigation because there is insufficient evidence of fault by the Council and because Mr X can complain to the ICO.

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Investigator's decision on behalf of the Ombudsman