The Ombudsman's final decision
Summary: We will not investigate this complaint about a data protection breach as this is best dealt with by the Information Commissioner’s Office.
The complaint
Ms X complains the Council wrongly shared sensitive information about her with third parties. This has had a significant impact on Ms X’s daily life, and she seeks compensation from the Council for the damage the data breach has caused.
The Ombudsman’s role and powers
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) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Information Commissioner’s Office (ICO) is the UK’s independent authority on data protection matters and is best placed to deal with Ms X’s complaint about the data breach.
We cannot determine claims for damages. Only the courts can do this and there is a procedure open to anyone to make such a claim in the courts. Ms X could do this herself or ask a solicitor to take on her case. Some solicitors will act on a ‘no win, no fee’ basis.
For these reasons, we will not investigate.
Final decision
We will not investigate Ms X’s complaint because it is best dealt with by the ICO and the courts.
Investigator's decision on behalf of the Ombudsman