Summary: We will not investigate Mr X’s complaint about a data breach by the Council. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. This complaint is best considered by the Information Commissioner’s Office which is the body set up to consider complaints about data matters such as this.

The complaint

1. The complainant, whom I shall call Mr X, complains the Council committed a data breach when it shared his data with a third party in error. Mr X is dissatisfied with the Council’s response to his complaint about the data breach which the Council acknowledges it was responsible for. The Council signposted Mr X to both this office and the Information Commissioner’s Office.

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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 do not start an investigation if we decide 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), as amended, section 34(B))
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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Final decision

7. We will not investigate Mr X’s complaint. This is because this is a complaint about a data matter which is best considered by the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman