The Ombudsman's final decision
Summary: We will not investigate this complaint about an alleged data breach. This is because the Information Commissioner’s Office, not the Ombudsman, is the appropriate body to consider the complaint.
The complaint
The complainant, whom I shall refer to as Mr X, complained a member of the Council’s staff mishandled a document. This led to a breach of Mr X’s personal information as well as information about his family and friends. Mr X says this has had a significant impact and wants a full investigation.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with 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’s Office (ICO) 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 and the Ombudsman’s Assessment Code.
My assessment
We will not start an investigation into Mr X’s complaint.
The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information in error.
There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. It has far wider powers to decide if a council has failed in its duties as a data controller. It has broad powers to act when it finds this is the case. Mr X should therefore approach the ICO about his concerns.
Final decision
We will not investigate Mr X’s complaint because the Information Commissioner’s Office is the appropriate body to consider his concerns.
Investigator's decision on behalf of the Ombudsman