Summary: We will not investigate this complaint about Mr X’s personal information being shared by a council officer. This is because the Information Commissioner’s Office is the appropriate body to consider complaints about data protection, and the law prevents us investigating personnel matters.

The complaint

1. Mr X complained that a council officer shared his personal information with others about his health conditions.
2. Mr X says this has made him unwell, and he did not want others knowing his personal information
3. Mr X wants the officer concerned to be disciplined and wants an apology.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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))
6. 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)
7. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

8. I considered information provided by the complainant.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. In response to Mr X’s complaint the Council said as the complaint was about a potential data breach it would be handled by its Data Protection Team.
11. We will not investigate this complaint. The Information Commissioner’s Office (ICO) enforces data protection legislation. The main roles of the ICO are to uphold information rights in the public interest, promote openness by public bodies and data privacy for individuals. If Mr X is unhappy with the outcome of the Council’s investigation it is reasonable to expect him to refer the matter to the ICO.
12. On the conduct of the council officer, this falls outside the remit of the Ombudsman and we cannot intervene.

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Final decision

13. We will not investigate Mr X’s complaint because the Information Commissioner’s Office is the appropriate body to consider complaints about data protection. The law prevents us from investigating personnel matters.

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Investigator's decision on behalf of the Ombudsman