Summary: We will not investigate this complaint about an alleged breach of personal information. The Information Commissioner’s Officer is better placed to deal with the complaint.

The complaint

1. Ms X complains the Council gave a third party personal information about her.
2. She wants the Council to apologise, remove the information and pay costs she says she incurred as a result of the breach.

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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 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))
4. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection. This includes complaints about access to information. 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. We will not start an investigation into Ms X’s complaint which relates to an alleged breach of her personal information.
8. The ICO is the UK’s independent authority set up to uphold information rights. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes alleged breaches of personal information.
9. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. It can decide if the Council has breached Ms X’s information and whether data should be deleted from her records. The Ombudsman cannot. Ms X should therefore approach the ICO about her concerns because it can give her the outcome she wants.

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Final decision

10. We will not investigate Ms X’s complaint because there is another body better placed to consider her complaint.

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Investigator's decision on behalf of the Ombudsman