The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a breach of data protection. It is reasonable to expect Mr X to raise his concerns with the Information Commissioner’s Office. He can also pursue financial compensation from the court.
The complaint
Mr X complained the Council failed to work in line with the Data Protection Act. He said it published his full residential address and failed to inform him.
Mr X said this caused emotional distress and concern for his safety. He wanted the Council to: acknowledge its alleged failures; apologise in writing; review its policies and procedures; improve its guidance and safeguarding procedures; and provide financial compensation.
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) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
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.
The Information Commissioner’s Office (ICO) holds more powers than the Ombudsman to address complaints about data protection. In this case there is no good reason for us to investigate the matter instead. In the absence of a wider complaint we could consider, the ICO is the best placed body to consider the issue.
Mr X is seeking financial compensation as part of a remedy to his complaint. The ICO cannot achieve this. However, an individual may go court to claim compensation for damage and distress caused by a Council if it has breached the Data Protection Act. It is open for Mr X to pursue this remedy via the court, so this is not itself a good reason for us to investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because the Information Commissioner’s Office is the best body placed to consider the matter. It is open to Mr X to pursue financial compensation via the court.
Investigator's decision on behalf of the Ombudsman