Summary: We will not investigate this complaint about how the Council responded when it sent Mr X information about another person. There is another body better placed to consider this complaint and Mr X was not caused an injustice as a result of the Council’s actions.

The complaint

1. Mr X says the Council sent documents to his home that were meant for another person. Mr X says the documents contained personal information and this was a breach of the General Data Protection Regulations (GDPR). Mr X says he is now concerned about how the Council handled his personal information.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

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)

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How I considered this complaint

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council sent documents to his home addressed to another person who did not live there. Mr X says the information on the documents was personal and this meant the Council had breached data protection legislation.
7. Mr X complained to the Council that he was now concerned about how the Council handled his personal information and whether other people had been given access to his own personal information who should not have it.
8. The Council wrote to Mr X and apologised for sending him the documents. The Council also explained that the officer who had sent the documents had received further training and that it had reported the data breach to the team responsible for monitoring data protection issues within the Council.
9. The Information Commissioner’s Office (ICO) are responsible for carrying out investigations into data breaches and can receive complaints from anyone who may be concerned about how organisations are managing their personal information. The ICO is better placed to consider this complaint.
10. Mr X has not been caused a significant injustice as a result of receiving personal information about a third party. Therefore, we will not investigate this complaint.

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Final decision

11. We will not investigate this complaint about how the Council dealt with a personal data breach. There is another body better placed to consider this complaint and Mr X has not been caused an injustice as a result of the Council’s actions.

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Investigator's decision on behalf of the Ombudsman