Summary: We will not investigate Miss Y’s complaint about the Council’s handling of her personal data and subject access requests. This is because the Information Commissioner’s Office is better placed to consider the complaint.

The complaint

1. Miss Y complains about the Council’s handling of her personal data and several associated subject access requests (SARs). She complains the Council shared her personal data with her employer on several occasions without her permission, including when trying to resolve her complaint, and refused to provide the personal data it had shared with her employer.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss Y’s complaint centres on the Council sharing her personal data with her employer and its refusal to disclose certain information following her SARs. I understand Miss Y has separately complained to the Information Commissioner’s Office (ICO) about these matters. Any dispute about a data breach or the adequacy of the Council’s response to her SARs is for the ICO. So, we will not investigate Miss Y’s complaint.

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Final decision

7. We will not investigate Miss Y’s complaint about the Council’s handling of her personal data and subject access requests. This is because the Information Commissioner’s Office is better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman