Summary: The Ombudsman will not investigate Mr X’s complaint about a data breach. The Office of the Information Commissioner is better placed to deal with the breach and Mr X has a right to take court action it would be reasonable for him to use.

The complaint

1. Mr X says the Council breached the General Data Protection Regulation (GDPR) and infringed his rights under Article 8 of the Human Rights Act 1998 by giving his former partner information about him it should not have done, that she went on to use in court. He says this caused him significant distress and cost him time, trouble, and expense. He wants compensation and his legal fees reimbursed.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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

5. I read Mr X’s complaint and the complaint correspondence. I have given him the opportunity to comment on a draft decision.

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What I found

6. The Council accepts there was a data breach in giving Mr X’s former partner information about him. It referred the matter to the Office of the Information Commissioner (ICO). Mr X has the right to approach the ICO about this matter and to take the matter to court for the recovery of his legal costs and compensation. A court would be better placed than the Ombudsman to achieve the remedy Mr X wants.

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Final decision

7. The Ombudsman will not investigate this complaint because:

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Investigator's decision on behalf of the Ombudsman