The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about whether the Council inappropriately shared her personal information in breach of data protection rules. The Information Commissioner’s Office is better placed to consider this complaint.
The complaint
Ms X complained the Council has not confirmed whether her personal information was shared in breach of data protection rules or whether it had reported this to the Information Commissioner’s Office. She said the uncertainty about this has caused her significant worry and stress.
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 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)) 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 Ms X.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X understands the Council may have shared her personal information in breach of data protection rules. She asked the Council to confirm whether it had done so and whether it had referred the matter to the Information Commissioner’s Office (ICO). Despite sending several emails, Ms X did not receive a reply.
We will not investigate this complaint because the ICO is better placed to decide whether there was a breach of data protection rules, and it is reasonable for Ms X to contact the ICO about this.
Final decision
We will not investigate Ms X’s complaint because the ICO is better placed to consider her complaint.
Investigator's decision on behalf of the Ombudsman