The Ombudsman's final decision
Summary: We will not investigate Miss X’s 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, Miss X, complains the Council committed a data breach when it shared a highly confidential document with a third party.
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 do not start an investigation if we decide 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), as amended, section 34(B)) We normally expect someone to refer the matter to the Information Commissioner (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.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council that it committed a data breach when it shared a highly confidential document with a third party.
The Council acknowledged there had been a data breach, explained how it had happened and apologised to Miss X. It signposted Miss X to ICO should she remain dissatisfied and wish to escalate her complaint.
We will not investigate Miss X’s complaint. This is because this is a complaint about a data matter which is best considered and decided by ICO which is the body set up to consider complaints about data matters such as this. Miss X has been correctly signposted to ICO. We will not also consider it.
Final decision
We will not investigate Miss X’s complaint because it is about a data matter which is best considered and decided by ICO rather than this office.
Investigator's decision on behalf of the Ombudsman