Summary: We will not investigate this complaint that the Council wrongly shared Mr X’s personal information with third parties as this is a matter for the Information Commissioner’s Office.

The complaint

1. Mr X complains the Council wrongly shared his personal information with third parties. Mr X has been caused stress by this and seeks compensation.

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The Ombudsman’s role and powers

2. 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)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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. The Information Commissioner’s Office (ICO) is the UK’s independent authority on data protection matters and is best placed to respond to the concerns Mr X raises.
7. Compensation claims for damage caused by data protection breaches can also be made by any individual in the courts. Mr X could make such a claim in his own right or could ask a solicitor to take on his case. Some solicitors will act in such cases on a ‘no win, no fee’ basis.
8. For these reasons, I do not consider there are good reasons for us to investigate this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because the ICO is best placed to respond, and Mr X can seek compensation through the courts.

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Investigator's decision on behalf of the Ombudsman