The Ombudsman's final decision
Summary: We will not investigate this complaint about misuse of personal data as it is best dealt with by the Information Commissioner’s Office.
The complaint
Miss X complains the Council has misused her personal and banking information on several occasions and wrongly disclosed a third party’s information to her. Miss X says this caused stress, anxiety, loss of trust and banking issues. Miss X wants the Council to acknowledge its mistakes and to take corrective action to prevent it happening again in future. Miss X also seeks guidance on her entitlement to financial compensation.
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 regulator in respect of data protection matters. It is best placed to decide if the Council wrongly handled Miss X's data and if so, what it should do to put things right.
Under data protection law, a person suffering damage from a data protection breach can seek compensation in court. There is a procedure open to anyone to make a money claim in court, or Miss X could consider using a solicitor, some of whom take on such cases on a conditional fee basis (‘no win, no fee’). We are not empowered to decide damage claims or to award compensation payments. It is reasonable therefore to expect Miss X to take court action for the compensation she seeks.
For these reasons, we will not investigate.
Final decision
We will not investigate Miss X’s complaint because it is best dealt with by the ICO and Miss X can claim compensation in court.
Investigator's decision on behalf of the Ombudsman