Summary: We will not investigate this complaint about a data breach. This is because the Information Commissioner is better placed to deal with the matter. How Mr X was spoken to about the matter has not caused him a significant enough injustice to warrant our further involvement.

The complaint

1. Mr X complains that a Council contractor committed a data breach. He also complains about how he was spoken to when raising the matter and how the Council dealt with his complaint.

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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 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:

• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Mr X’s complaint about a data breach. This is because it is reasonable for him to raise this matter with the Information Commissioner’s Office (ICO). The ICO are the correct organisation to consider complaints about data protection matters.
7. I will not investigate Mr X’s complaint about how he was spoken to about these matters. This is because I do not consider that this alone has caused Mr X a significant enough injustice to warrant our further involvement.
8. Finally, I will not investigate how the Council dealt with Mr X’s complaints about these matters. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

9. We will not investigate Mr X’s complaint because the ICO is better placed to consider his complaint about a data breach and other matter have not caused him a significant injustice.

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Investigator's decision on behalf of the Ombudsman