The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint that the Council breached data protection law. This is because it is reasonable to expect Miss X to take the matter to the Information Commissioner’s Office.
The complaint
Miss X complains the Council shared sensitive information about her with a third party without her consent and in doing so, it breached data protection law.
Miss X wants the Council to investigate and take appropriate action.
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 Miss X.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Miss X’s complaint because it is reasonable to expect her to take the matter to the Information Commissioner’s Office. It is the appropriate body to look at data complaints.
Investigator's decision on behalf of the Ombudsman