Summary: We will not investigate Mr X’s complaint about personal information being shared with a third party without his consent. The Information Commissioner’s Office is better placed to consider this complaint.

The complaint

1. Mr X complains the Council shared his data with a third party without his consent. He says this has caused distress, reputational damage and led to the loss of his volunteering role.

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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 impact 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 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))

3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Mr X’s complaint. The Information Commissioner’s Office (ICO) is the UK regulator for data protection matters and is better placed to consider Mr X’s complaint. If Mr X considers the Council has breached data protection laws, it is reasonable for him to refer the matter to the ICO.

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Final decision

7. We will not investigate Mr X’s complaint because the Information Commissioner’s Office is better placed to consider this complaint about data protection.

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Investigator's decision on behalf of the Ombudsman