The Ombudsman's final decision
Summary: We will not investigate this complaint about an alleged data breach. The Information Commissioner is better placed than us to consider this matter as it has powers to determine a breach and to impose penalties for both that and any failure to report the breach. We lack those powers.
The complaint
Miss X said the Council breached her data to an abusive ex-partner, which she says has had significant consequences. She also said the officer who breached her data failed to report it properly.
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 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 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 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
The complaint is directly about an alleged data breach by the Council, and the alleged failure to report it. The Information Commissioner (ICO) is the correct body to consider that complaint. It has powers we lack to determine if there was a breach, if it was correctly reported, and to impose penalties according to the possible effect of the alleged breach. It would be reasonable therefore for Miss X to approach the ICO.
Final decision
We will not investigate Miss X’s complaint because another body is better placed than us to consider this matter.
Investigator's decision on behalf of the Ombudsman