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

The complaint

1. Ms X complains the Council failed to properly respond to her subject access request (SAR) and initially denied an acknowledged data breach. Ms X also complains the complaints she made to the Council about this have not been responded to properly. Ms X says she has been caused prolonged frustration, uncertainty, and anxiety.

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. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. 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 (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. The Information Commissioner’s Office (ICO) is the UK’s independent regulator in respect of data protection. It is best placed to assess how the Council dealt with Ms X’s SAR, what took place in respect of any data breach and what measures the Council should take to put things right.
8. We will not investigate Ms X’s associated complaint about the Council’s complaint handling as to do so in isolation would not be a good use of our limited resources when the substantive matter is best dealt with by another agency. Any injustice from the complaint handling alone is not sufficient to warrant our further involvement.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman