Summary: We will not investigate this complaint about the Council’s actions following a data protection breach as this is best dealt with by the Information Commissioner’s Office.

The complaint

1. Mrs X complains the Council has not adequately explained why it published her personal details online and that it has failed to properly respond to an information request she made. Mrs X wants the Council to provide an explanation in respect of both matters. Mrs X says the Council’s actions have caused her stress.

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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)

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How I considered this complaint

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

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My assessment

5. Mrs X complained to the Information Commissioner’s Office (ICO) about the online publication of her data. Mrs X says the ICO confirmed there had been a breach of data protection law, that the data should be removed and an explanation provided as to how the data breach had occurred. Mrs X says the Council has not provided an adequate explanation.
6. Mrs X also complains that the Council has failed to properly respond to a request for information she subsequently made to it.
7. The ICO is the UK’s regulator in respect of data protection matters. It is for the ICO to decide if the Council has complied with its recommendations in respect of the data breach and if possible further action is warranted. It can also deal with Mrs X’s complaint about how the Council responded to her information request.
8. For these reasons, we will not investigate.

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Final decision

9. We will not investigate Mrs X’s complaint because it is best dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman