Summary: We will not investigate Mrs 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 Officer.

The complaint

1. Mrs X complains the Council has committed a personal data breach in wrongly sharing her private personal information with a third party.
2. Mrs X said the Councils actions has led to her being harassed and false information about her shared on social media.

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The Ombudsman’s role and powers

3. 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)
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. Mrs X complained the Council committed a personal data breach when it shared her private personal information with a third party.
8. The Council investigated and found no data breach had occurred. It confirmed to Mrs X that it had not shared her personal data with a third party and explained Mrs X’s right to raise her concern with the Information Commissioner’s Office (ICO).
9. Based on the documents, Mrs X is aware of her right to take her concern to the ICO, and I have not seen any reason why it would not be reasonable to use this complaints process.
10. 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 ICO. It is the body set up to consider complaints about data matters and so it is best placed to consider it.

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Final decision

11. We will not investigate Mrs X’s complaint as it is reasonable to expect her to raise her concern with the ICO. It is reasonable to expect her to use this right as she has been notified of her right to complain to the ICO.

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Investigator's decision on behalf of the Ombudsman