The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint the Council has wrongly disclosed her personal information to third parties. This is because the Information Commissioner’s Office is best placed to consider the complaint.
The complaint
The complainant, whom I shall refer to as Mrs X, complained the Council had wrongly disclosed her personal information to third parties without her permission. The Council denies 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
We will not start an investigation into Mrs X’s complaint.
The issue at the heart of Mrs X’s complaint is about data protection.
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.
I consider the ICO to be in a much better position than the Ombudsman to consider Mrs X’s complaint. It can decide if there has been a breach of Mrs X’s personal data. The ICO has much wider powers than the Ombudsman to act if it finds the Council has failed in its duties as a data controller. Mrs X should therefore complain to the ICO because it is the appropriate body to deal with her concerns.
Final decision
We will not investigate Mrs X’s complaint because the ICO is best placed to deal with the complaint.
Investigator's decision on behalf of the Ombudsman