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

The complaint

1. The complainant, Mr X, complains the Council committed a data breach in sharing his personal information with his abusive ex-partner during a telephone call.

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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 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))
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 complained to the Council that it committed a data breach when it shared his personal information with his ex-partner during a telephone call.
8. The Council said none of Mr X’s personal information was shared during the telephone call and it found no evidence of a data breach. It signposted Mr X to the Information Commissioner’s Office if he remained dissatisfied with its final response and wished to pursue the matter further.
9. We will not investigate this complaint. This is because this is a matter best considered by the Information Commissioner’s Office as it is the body set up to consider data matters such as this. The Council has correctly signposted Mr X to that office. We will not also consider it.

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Final decision

10. We will not investigate Mr X’s complaint because it is about a data matter best considered by the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman