The Ombudsman's final decision
Summary: We will not investigate this complaint about a data breach as it is best dealt with by the Information Commissioner’s Office.
The complaint
Mr X complains the Council wrongly contacted him about someone else’s council tax account and that this caused him distress. Mr X is unhappy as he says the Council will not acknowledge the data breach.
The Ombudsman’s role and powers
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 Information Commissioner’s Office (ICO) is the UK’s independent regulator in respect of data protection matters. It is best placed to assess the Council’s actions in respect of the alleged data breach and how it has responded to Mr X subsequently. We will not therefore investigate.
Final decision
We will not investigate Mr X’s complaint because it is best dealt with by the ICO.
Investigator's decision on behalf of the Ombudsman