The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council committed a data breach. 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 Mr X, complains the Council committed a data breach when it shared his personal data in a third party’s tribunal hearing.
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
Mr X complained the Council committed a data breach when it used and shared his personal data in a third party’s tribunal hearing. Mr X says the Council obtained the information fraudulently and without his consent. He says this has caused him anxiety, depression, paranoia and stress.
In its complaint response, the Council explained how the information was obtained and why it was used. It does not consider there was a data breach. It signposted Mr X to the Information Commissioner’s Office should he remain dissatisfied with its response.
The Council has correctly signposted Mr X to the Information Commissioner’s Office as that is the body best placed to consider data matters such as this, rather than the Ombudsman.
Final decision
We will not investigate Mr X’s complaint because complaints about data matters are best considered by the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman