The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about 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 Miss X, complains the Council committed a data breach when it shared her private information with a third party without her consent. She also complains about the impact of the breach.
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 do not start an investigation if we decide 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), as amended, section 34(B)) 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
Miss X complained to the Council that it committed a data breach in sharing her information with a third party.
The Council apologised for sharing the information, which it did in error. It said it took corrective action in asking the third party not to use the information and there was no need for any further safety measures to be put in place.
We will not investigate this complaint. This is because complaints about data issues such as this are for the Information Commissioner’s Office (ICO) to consider.
Final decision
We will not investigate Miss X’s complaint because it is about a matter best considered and decided by the ICO.
Investigator's decision on behalf of the Ombudsman