Summary: We will not investigate Miss X’s complaint about an alleged data breach by the Council. This is because complaints about data matters, such as this, are best considered and decided by the Information Commissioner’s Office.

The complaint

1. The complainant, Miss X, complains the Council has committed a personal data breach in wrongly sharing her private personal information, and her child’s personal information, with a third party.

Back to top

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)

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Miss X complained the Council committed a personal data breach when it shared her private personal information, and her child’s, with a third party which posed a safeguarding risk.
8. The Council investigated and found no data breach had occurred. It confirmed to Miss X that it had not shared her personal data, or her child’s personal data, with the third party.
9. We will not investigate Miss X’s complaint. This is because it is a complaint about a data breach. Complaints about data matters such as this are best considered and decided by the Information Commissioner’s Office (ICO). It is the body set up to consider complaints about data matters and so it is best placed to consider it.

Back to top

Final decision

10. We will not investigate Miss X’s complaint because it is about a matter best considered and decided by the ICO rather than this office.

Back to top

Investigator's decision on behalf of the Ombudsman