The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about an alleged data breach by the Council. This is because it is about a data matter best considered and decided by the Information Commissioner’s Office.
The complaint
Mrs X complains a Council officer committed a data breach in taking screenshots from her social media account without her consent and sharing this and false information about her with a third party.
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
The matters raised in Mrs X’s complaint relate to an alleged data breach and the sharing of her personal information without her consent. These are data matters which are best considered and decided by the Information Commissioner’s Office (ICO). It is the body set up to consider complaints about data matters such as this. It appears, from the information Mrs X has provided, that she has already referred the matter to ICO. We will not also consider it.
Also, the outcome Mrs X seeks in making her complaint to this office, for the officer to be suspended, is not an outcome that is achievable via an investigation by this office. We cannot recommend disciplinary action. It lies outside our remit.
Final decision
We will not investigate Mrs X’s complaint because it is about data matters the ICO is best placed to consider and decide.
Investigator's decision on behalf of the Ombudsman