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
Mr X complained the Council shared his sensitive personal information with a third party without his consent to do so.
Mr X said this caused distress.
Mr X wants the Council to recognise its error and pay compensation.
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 Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X said the Council shared his sensitive personal information with a third party without his consent to do so.
In its complaint response, the Council accepted its error and apologised to Mr X. The Council also confirmed it had referred itself to the Information Commissioner (ICO) and offered Mr X a symbolic financial remedy of £100.
The 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 and in Mr X’s case appears to be doing so.
Final decision
We will not investigate Mr X’s complaint because the ICO is better placed to consider and decide complaints about data protection.
Investigator's decision on behalf of the Ombudsman