The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint the Council committed a data breach by sharing her sensitive personal information with third parties. This is because complaints about data matters such as this are best considered by the Information Commissioner’s Office.
The complaint
The complainant, whom I shall call Mrs X, complains the Council shared her sensitive personal information with third parties without her consent.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained the Council shared her sensitive and private information, held in an assessment document, with third parties without her consent.
The Council investigated. It closed the case having found no evidence it had caused a personal data breach.
Final decision
We will not investigate Mrs X’s complaint because it is about a data matter which the Information Commissioner’s Office is best placed to consider.
Investigator's decision on behalf of the Ombudsman