The Ombudsman's final decision
Summary: We will not investigate this complaint about a data protection breach. That is because the Information Commissioner’s Office is best placed to respond to complaints about the handling of personal information.
The complaint
Mr X complained the Council wrongly shared his personal information with another person. He said that has caused him to worry that his details may be used fraudulently. Mr X wants the Council to provide compensation for the error.
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: further investigation would not lead to a different outcome, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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
We will not investigate Mr X’s complaint about how the Council handled his personal information. The Council has accepted fault and apologised. Further investigation by the Ombudsman would not lead to a different outcome. If Mr X has any outstanding concerns, he can take these to the Information Commissioner’s Office (ICO). The ICO deals with complaints about how organisations handle personal information.
Final decision
We will not investigate Mr X’s complaint because the Information Commissioner’s Office is best placed to consider his complaint.
Investigator's decision on behalf of the Ombudsman