Summary: We will not investigate this complaint about how the complainant’s personal information was shared between two Council departments. This is because the Information Commissioner is better placed to consider the complaint.

The complaint

1. Miss X complains that the Council’s Environmental Services committed a data breach when it shared personal information about her with another Council department.

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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 this 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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Miss X’s complaint. Because there is another body better placed to consider her complaint. Miss X considers the sharing of her information to be a breach of data protection regulations but the Council does not agree. The Information Commissioner’s Office (ICO) are better placed to consider complaints about data protection.

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Final decision

7. We will not investigate Miss X’s complaint because the ICO are better placed to consider it.

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Investigator's decision on behalf of the Ombudsman