Summary: We will not investigate this complaint about a data breach as it is best dealt with by the Information Commissioner’s Office. It is reasonable to expect the complainant to take court action for the financial remedy she seeks.

The complaint

1. Miss X complains the Council wrongly disclosed sensitive personal information to third parties. Miss X says this had a significant impact on her mental health, and caused considerable distress and conflict. Miss X asks the Ombudsman to review the financial remedy the Council has offered, which she considers does not reflect the seriousness of the damage caused, and to assess whether the Council’s actions were consistent with data protection principles.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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. The Information Commissioner's Office (ICO) is the UK's independent regulator in respect of data protection matters. It is best placed to assess the Council's actions in this case and to decide whether it should take corrective action. As such, we will not investigate.
8. UK data protection law allows for compensation claims to be made in court for damage caused following data protection breaches. There is a procedure open to Miss X to make her own claim in court or she could seek the help of a solicitor, some of whom take on such cases on a ‘no win - no fee’ basis. We are not empowered to determine damage claims or make compensation awards. It is reasonable therefore to expect Miss X to resort court action for the compensation she seeks.

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Final decision

9. We will not investigate Miss X’s complaint because it is best dealt with by the ICO and the level of compensation her case merits is for the courts to decide.

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Investigator's decision on behalf of the Ombudsman