The Ombudsman's final decision
Summary: We will not investigate this complaint about an alleged data breach by the Council as this is a matter for the Information Commissioner’s Office.
The complaint
Mrs X complains the Council mishandled her personal information and wrongly passed it on to third parties. Mrs X has been caused severe stress and anxiety by this.
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 authority on data protection matters and is best placed to respond to the concerns Mrs X raises. For this reason, 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