The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about a data breach by the Council. This is because this is a matter best considered by the Information Commissioner’s Office.
The complaint
The complainant, whom I shall call Mrs X, complains the Council committed a data breach when it shared her telephone number with a third party, in error. This led to Mrs X receiving abusive text messages from a person who was unknown to her.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained to the Council that it committed a data breach in wrongly sharing her telephone number with a stranger and about the impact of this.
The Council explained the information had been provided to the third party in error due to a redaction failure. It apologised to Mrs X for any inconvenience caused.
We will not investigate Mrs X’s complaint. This is because this is a complaint about a data matter which is best considered by the Information Commissioner’s Office as it is the body set up to consider complaints about such matters.
Final decision
We will not investigate Mrs X’s complaint because it is best considered by the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman