Summary: We will not investigate this complaint that the Council unlawfully shared X’s information or about how the Council dealt with their request for information. The Information Commissioner is better placed to consider and decide complaints about data protection.

The complaint

1. X complains that the Council unlawfully shared their information and then failed to respond to their request for information regarding this matter.

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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 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))
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. The Information Commissioner’s Office (ICO) enforces data protection legislation.  The ICO can investigate complaints about data protection. 
7. We will not investigate this complaint. The ICO is better placed to consider and decide data protection complaints, and it is reasonable to expect X to complain to them.

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Final decision

8. We will not investigate X’s complaint because the ICO is better placed to consider and decide complaints about data protection.  

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Investigator's decision on behalf of the Ombudsman