The Ombudsman's final decision
Summary: We will not investigate this complaint about a data breach. The Information Commissioner is better placed to consider and decide complaints about data protection.
The complaint
Mrs Y complained the Council shared her personal information with a third party without her consent to do so.
Mrs Y said this caused distress.
Mrs Y wants the Council to admit its error, review its processes and offer suitable redress.
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 Mrs Y.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs Y said a social work assessment contained her sensitive personal information. The social work assessment was shared with a third party.
Mrs Y complained to the Council, who said the inclusion of her personal information was required for the social work assessment.
The Information Commissioner (ICO) enforces data protection legislation. The main functions of the ICO are to uphold information rights in the public interest by promoting openness by public bodies and protecting the privacy of individuals.
We will not investigate this complaint. The ICO is better placed to consider and decide complaints about data protection.
Final decision
We will not investigate Mrs Y’s complaint because the ICO is better placed to consider and decide complaints about data protection.
Investigator's decision on behalf of the Ombudsman