Summary: We will not investigate this complaint that the Council breached the Data Protection Act by disclosing the complainants personal information to a third party. This is because he has already complained to the Information Commissioner, who is best placed to deal with such complaints. Also, it is reasonable for him to take the Council to court to claim compensation for the distress he suffered.

The complaint

1. The complainant, who I will call Mr C, complains that the Council breached the Data Protection Act by disclosing his personal information to a third party. Mr C says this has caused he and his family distress for which he should be compensated for.

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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)
5. A person may go to court to claim compensation for damage or distress caused by an organisation if it has breached data protection laws.

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How I considered this complaint

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

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My assessment

8. I will not investigate Mr C’s complaint about the Council breaching the Data Protection Act by disclosing his personal information to a third party. This is because Mr C has complained to the Information Commissioner, who is best placed to consider such complaints.
9. Mr C also has the right to take the Council to court to seek compensation for damage or distress caused by the claimed data breach. I find it is reasonable for Mr C to do this.

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Final decision

10. I will not investigate Mr C’s complaint because he has complained to the Information Commissioner, and it is reasonable for him to pursue his claim for compensation through the courts.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman