The Ombudsman's final decision
Summary: We will not investigate this complaint about an alleged data breach by the Council as this is best dealt with by the Information Commissioner’s Office.
The complaint
Mrs X complains the Council wrongly shared her personal information with a third party which has led to repercussions for Mrs X.
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 respond to the concerns Mrs X raises.
If Mrs X seeks damages for what has happened, subsequent to the data breach, it is reasonable to expect her to take court action. We cannot determine damage claims.
Final decision
We will not investigate Mrs X’s complaint because it is best dealt with by the ICO and/or the courts.
Investigator's decision on behalf of the Ombudsman