Summary: We will not investigate the Council’s handling of Miss X’s complaint about a data breach as this is best dealt with by the Information Commissioner’s Office.

The complaint

1. Miss X complained to the Council that it wrongly gave her personal information to a third party and that this had caused her stress and anxiety. Miss X says the Council is yet to provide a response.

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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)

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How I considered this complaint

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

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My assessment

5. The Information Commissioner’s Office (ICO) is the UK’s independent regulator in respect of data protection matters. It is best placed to respond to the concerns Miss X raises and as such, we will not investigate.

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Final decision

6. We will not investigate Miss X’s complaint because it is best dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman