The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council allegedly breaching the complainant’s confidentiality. This is because the Information Commissioner’s Office is the appropriate body to consider the complaint.
The complaint
The complainant, Miss X, complained the Council breached her confidentiality by sharing personal information with a third party. The Council denied the allegation.
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’s Office (ICO) 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The issue at the heart of Miss X’s complaint is the Council has breached her confidentiality by wrongly sharing her personal information. We will not start an investigation into Miss X’s complaint. This is because the ICO is the appropriate body to consider Miss X’s concerns.
The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information in error.
There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. It has far wider powers to act if it finds a council as failed in its duties as a data controller. Miss X should therefore approach the ICO about her concerns. It is the appropriate body to consider her complaint. The Ombudsman is not.
Final decision
We will not investigate because there is another body better placed to consider Miss X’s complaint.
Investigator's decision on behalf of the Ombudsman