The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council disclosing the complainant’s personal information to a third party. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate as the matter is best dealt with by the Information Commissioner’s Office.
The complaint
Mr X has complained the Council breached data protection legislation and shared his personal information with a third party without permission.
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))
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because he can complain to the Information Commissioner’s Office (ICO) if he is concerned about how the Council handles his personal data. The ICO is the independent body set up to uphold information rights and is best placed to deal with Mr X’s concerns.
Investigator's decision on behalf of the Ombudsman