The Ombudsman's final decision
Summary: We will not investigate this complaint about an alleged data breach by the Council. This is because complaints about data matters such as this, are best considered and decided by the Information Commissioner’s Office.
The complaint
Mr X complained that the Council sent him an email with personal data belonging to another person. Mr X stated that he felt threatened when the Council asked him to delete the email he received in error. Mr X would like the Council to apologise and consider compensation for emotional harm and anxiety.
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))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained that the Council sent him an email which contained personal details of another person by mistake.
The Council apologised to Mr X, investigated the incident and informed Mr X of their findings.
The Council directed Mr X to raise his concern with the Information Commissioner’s Office (ICO).
We will not investigate Mr X’s complaint. This is because it is a complaint about a potential data breach. Complaints about data matters such as this are best considered and decided by the ICO. It is the body set up to consider complaints about data matters and so it is best placed to consider it. Additionally, it would not be fault the Council asked Mr X to delete the email once it learned about the mistake.
Final decision
We will not investigate Mr X’s complaint because the ICO is better placed to consider his complaint about a potential data protection breach.
Investigator's decision on behalf of the Ombudsman