Summary: We will not investigate Mrs X’s complaint about a breach of data protection. It is reasonable to expect Mrs X to raise her concerns with the Information Commissioner’s Office.

The complaint

1. Mrs X complained the Council failed to work in line with the Data Protection Act. She said it wrongly shared her identity after she raised a safeguarding concern.
2. Mrs X said this caused emotional distress and concern for her safety. She wanted the Council to take action to resolve matters and clarify the circumstances of the safeguarding concerns to the relevant parties.

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The Ombudsman’s role and powers

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. 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.
7. The Information Commissioner’s Office (ICO) holds more powers than the Ombudsman to address complaints about data protection. In this case there is no good reason for us to investigate the matter instead. In the absence of a wider complaint we could consider, the ICO is the best placed body to consider the issue.

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Final decision

8. We will not investigate Mrs X’s complaint because the Information Commissioner’s Office is the body best placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman