Summary: We will not investigate Mr 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, whom I shall call Mr X, complains the Council committed a data breach when it shared information about his tenant, Mr Y, with third parties without authority to do so.

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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 may decide not to start an investigation if 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))
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. Mr X complains on behalf of his tenant, Mr Y. He complains the Council committed a data breach when it shared Mr Y’s information with third parties without authority.
8. The Council does not consider there was a data breach. It has signposted Mr X to the Information commissioner’s Office if he remains dissatisfied with its response.
9. Mr X says he has already reported the matter to the Information Commissioner’s Office.

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Final decision

10. We will not investigate Mr X’s complaint because this is a matter the Information Commissioner’s Office is best placed to consider, rather than the Ombudsman.

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Investigator's decision on behalf of the Ombudsman