Summary
Mr X complains about the Council breaching his personal data to a third party without seeking his consent. We will not investigate this complaint. This is because it is reasonable for Mr X to complain to the Information Commissioner’s Office as the most appropriate body.
The complaint
Mr X complains about the Council sharing his personal information with a third party without his consent. He says this has caused him distress and anxiety. He would like an apology and a financial remedy.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (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
We will not investigate this complaint. This is because it is reasonable for Mr X to refer the matter to the Information Commissioner’s Office (ICO).
The Information Commissioner’s Officer has powers - which the Ombudsman does not - to require compliance with the Freedom of Information Act, Environmental Information Regulations and the UK General Data Protection Regulations, tailored by the Data Protection Act 2018. It can consider whether the Council has responded in line with its information rights obligations.
I should add that, even if the Information Commissioner does not investigate all the alleged administrative failings in Mr X’s complaint. And/or is not able to provide him with compensation, this does not mean that we investigate.
Final decision
I will not investigate this complaint. It is reasonable for Mr X to complain to the office of the Information Commissioner as the most suitable body to consider his breach of data protection.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman