The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that a Council lost his personal data. This is because the Information Commissioner's Office is better placed to deal with complaints about lost data.
The complaint
Mr X complains the Council lost his personal data by sending it to a third-party address. He says he is now in a state of panic as it could be used to create a false identity.
Mr X says he would like compensation ‘to rectify the incident and put his mind at ease’.
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.
we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council’s negligence has put himself in a compromising situation .
The Information Commissioner's Office (ICO) is the UK's independent authority on data protection and information rights matters. It is best placed to determine if the Council has responded correctly to the concerns raised by Mr X. So, we will not investigate.
While I appreciate Mr X is seeking compensation as a remedy, and the ICO does not award compensation, this does not mean that the Ombudsman should also now investigate. It is not a good use of public money to consider remedies when the substantive matter is more appropriately addressed by a different agency.
Further, we cannot consider negligence as that is a matter for the courts. Mr X may be able to take court action and sue the Council for damages for loss/harm claimed.
Final decision
We will not investigate Mr X’s complaint because it is better dealt with by the ICO.
Investigator's decision on behalf of the Ombudsman