The Ombudsman's final decision
Summary: We will not investigate this complaint about data protection breaches as this is a matter for the Information Commissioner's Office.
The complaint
Mrs X complains the Council wrongly shared her personal information with third parties on several occasions. Mrs X says this has caused her stress, worry and sleepless nights.
The Ombudsman’s role and powers
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
The Information Commissioner's Office (ICO) is the UK's independent regulator in respect of data protection matters. It is best placed to determine if the Council failed to protect Mrs X's data, and if so, to decide what steps the Council should take to put things right/improve its practices. As such, we will not investigate.
Final decision
We will not investigate Mrs X’s complaint because it is best dealt with by the ICO.
Investigator's decision on behalf of the Ombudsman