Summary: We will not investigate Ms X’s complaint about a data breach because she has reported it to the Information Commissioner’s Office. The Information Commissioner’s Office is better placed than us to investigate her complaint. It is reasonable to expect Ms X to ask the courts to consider a claim for compensation.

The complaint

1. Ms X complains the Council did not properly redact her information in a report it sent to her former husband. She said he was therefore able see sensitive information about her.
2. She would like the Council to apologise and offer her a financial remedy for the harm and distress caused by the data breach.

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The Ombudsman’s role and powers

3. 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))
4. 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)
5. 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)

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X complains the Council did not properly redact her information in a report it sent to her former husband.
9. However, Ms X recently reported the data breach to the Information Commissioner’s Office (ICO). She said she is now waiting for a response.
10. Ms X said she would like a financial remedy from the Council. Ms X may go to court to claim compensation for any harm or distress caused by the data breach.
11. If Ms X decided to pursue legal action, she could ask the court to consider reimbursing her costs.

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Final decision

12. We will not investigate Ms X’s complaint because she has reported the data breach to the ICO. It is open to Ms X to claim compensation through the courts.

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Investigator's decision on behalf of the Ombudsman