The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council shared his personal data with a third-party organisation without his consent because the Information Commissioner’s Office is better placed to consider the complaint.
The complaint
Mr X complained the Council processed and shared his personal information with a third-party organisation without his consent.
Mr X says the matter has caused him distress and frustration.
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 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
Mr X complained the Council shared his personal information with a third-party organisation in summer 2023 without his consent. The Council responded to Mr X and told him no data breach had taken place.
Analysis We will not investigate Mr X’s complaint because he can take the matter to the Information Commissioner’s Office (ICO) and there are no good reasons for the Ombudsman to investigate instead. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and the privacy of individuals. It deals with complaints about public authorities and any failures to comply with data protection legislation. It is therefore better placed than the Ombudsman to consider complaints of this nature.
Final decision
We will not investigate Mr X’s complaint because the Information Commissioner’s Office is better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman