Summary: We will not investigate Ms X’s complaint about a data breach. This is because complaints about data matters such as this are best considered by the Information Commissioner’s Office.

The complaint

1. Ms X complains the Council committed a data breach when it sent her son’s tribunal bundle, which contains sensitive personal data, to their previous legal representative in error. Ms X also complains about the Council’s handling of the breach.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start 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)

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How I considered this complaint

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

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My assessment

7. Ms X complains about the matters set out in paragraph one, above.
8. The Council investigated and in its final response it signposted Ms X to the Information Commissioner’s Office (ICO) if she remained dissatisfied.
9. We will not investigate Ms X’s complaint. This is because complaints about data matters such as this are best considered and decided by the ICO as it is the body set up to consider complaints about such matters. Ms X has already been signposted there. We will not also consider it.

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Final decision

10. We will not investigate Ms X’s complaint because it is about matters best considered and decided by the ICO.

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Investigator's decision on behalf of the Ombudsman