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

The complaint

1. The complainant, whom I shall call Mr X, complains the Council committed a data breach when it shared information with his neighbour in response to a question Mr X asked the Council.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint.

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

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 the information Mr X provided. I also considered the complaint correspondence which we requested from the Council. I sent Mr X a draft of my decision and invited his comments on it.

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What I found

6. Mr X complains the Council committed a data breach when it shared information with his neighbour in response to a question he asked the Council.

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Final decision

7. We will not investigate this complaint. This is because complaints about data protection matters, such as this, are best considered by the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman