Summary: We will not investigate this complaint about the Council’s response to an alleged data breach as it is best dealt with by the Information Commissioner’s Office. It is reasonable to expect Ms X to take court action for the compensation she seeks.

The complaint

1. Ms X complained the Council allowed her personal data to be viewed by third parties and did not properly investigate this or Ms X’s complaint. Ms X said this caused her avoidable distress, uncertainty and put her to time and trouble. Ms X wanted the Council to carry out an investigation, compensate her and review its procedures.

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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)
3. 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 alleged fault has not caused serious injustice to the person who complained (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. The Information Commissioner’s Office (ICO) is the UK’s independent regulator in respect of data protection. It is best placed to decide if the Council failed to protect Ms X’s data and take appropriate steps if so to put things right. As such, we will not investigate.
7. Under data protection law, compensation can be claimed for damage from data protection breaches. Ms X can take such action herself using the procedure provided for individuals to make money claims in court or could engage a solicitor, some of whom take on such cases on a ‘no win no fee’ basis. We cannot determine such claims or make compensation awards. It is reasonable therefore to expect Ms X to take her case to court and we will not investigate.
8. We will not investigate the Council’s administration of Ms X’s complaint as in isolation I do not consider any fault in this regard caused Ms X a level of injustice that would warrant our further involvement. The substantive injustice arose from the alleged data breach, and this is best dealt with by the ICO/the courts.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman