Summary: We will not investigate this complaint about a data breach as this is a matter for the Information Commissioner's Office. The complainant’s allegation of misconduct in a public office is a matter for the police.

The complaint

1. Mr X complains his data was deliberately misused to target another individual and that the individuals involved committed misconduct in public office. Mr X says this caused him stress and anxiety. Mr X wants those involved to be held to account.

Back to top

The Ombudsman’s role and powers

2. 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)
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))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Information Commissioner's Office (ICO) is the UK's independent regulator in respect of data protection matters. It is best placed to determine if Mr X’s data was unlawfully used and if it was, to decide what steps the Council should take to put matters right.
7. Misconduct in a public office is a criminal offence and is therefore a matter for the police. This is not something we can investigate nor are we empowered to hold individual council officers to account. Our role is to look at organisational fault.
8. For these reasons, we will not investigate this complaint.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because it is a matter for the ICO and the police.

Back to top

Investigator's decision on behalf of the Ombudsman