Summary: We will not investigate this complaint about a data breach. The Information Commissioner’s Office is the appropriate body to consider Miss Y’s complaint

The complaint

1. Miss Y complained the Council shared her sensitive personal information with third parties who were not authorised to see it.
2. Miss Y said the data breach has caused her distress and compromised the safety of her family.

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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 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 Miss Y.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to obey data protection legislation. This includes the loss of personal information.
8. 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. This applies here.

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Final decision

9. We will not investigate Miss Y’s complaint because the Information Commissioner’s Office is the appropriate body to consider it.

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Investigator's decision on behalf of the Ombudsman