The Ombudsman's final decision
Summary: We will not investigate this complaint about a data breach. This is because complaints about data matters such as this are best considered by the Information Commissioner’s Office.
The complaint
The complainant, whom I shall call Mrs X, complains both in her own right and on behalf of her father, Mr Y. She complains the Council committed a data breach which impacted both herself and Mr Y.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6)) 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained to the Council about a data breach which impacted both herself and her father, Mr Y.
The Council told Mrs X it was not responsible for the breach and as a result, it could not explain why the breach occurred and could not investigate it. It said it was an NHS matter.
The Council signposted Mrs X to both this office and to the Information Commissioner’s Office (ICO).
Complaints about data issues such as this are for the ICO to consider. We will not also investigate.
Mrs X seeks compensation for the data breach. It is reasonable to expect Mrs X to use her right to make a claim in the courts for compensation once the ICO has reached a decision on the alleged breach and which body was responsible.
Final decision
We will not investigate Mrs X’s complaint. This is because complaints about data matters such as this are best considered by the ICO.
Investigator's decision on behalf of the Ombudsman