Summary: We will not investigate Mrs B’s complaint that the Council wrongly sent her sensitive personal information relating to someone else. This is because Mrs B may complain to the Information Commissioner’s Office which is in the best position to consider this complaint.

The complaint

1. Mrs B complains the Council committed a data protection breach when it wrongly sent her highly sensitive personal information relating to another person. Mrs B would like the Council to undertake a full investigation into how this happened and to apologise to her and the person involved.

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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 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’s Office (ICO) 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 Mrs B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The ICO enforces all data protection legislation. The main functions of the ICO are to uphold information rights in the public interest by promoting openness by public bodies and protecting the privacy of individuals.
7. Mrs B may complain to the ICO, which is better placed to consider this complaint.
8. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Mrs B’s complaint because there is another body better placed to consider the issue complained about.

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Investigator's decision on behalf of the Ombudsman