Summary: We will not investigate Ms X’s complaint about an alleged breach of confidentiality and the Council’s handling of her subject access request. The Information Commissioner is better placed to consider and decide data protection complaints.

The complaint

1. Ms X complains the Council breached her confidentiality by sharing sensitive personal information with her employer and refused to process her resulting subject access request about the matter.
2. Ms X says this caused distress.
3. Ms X wants the Council to provide her with the information she has asked for.

Back to top

The Ombudsman’s role and powers

4. 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))
5. 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)

Back to top

How I considered this complaint

6. I considered information provided by Ms X.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. The Information Commissioner’s Office (ICO) enforces data protection legislation. The ICO can investigate complaints about data protection. This includes complaints about alleged breaches of confidentiality and refusals to process subject access requests.
9. We will not investigate this complaint. The ICO is better placed to consider and decide data protection complaints, and it is reasonable to expect Ms X to complain to the ICO.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman