Summary: We will not investigate this complaint about an alleged data breach because the complainant will be able to complain to the Information Commissioner.

The complaint

1. The complainant, Ms X, says the Council sent confidential and personal information to the wrong address. She also says that some of the information in the letter was wrong. The events have affected Ms X’s health and she wants to sue the Council.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. 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)

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How I considered this complaint

5. I considered information provided by Ms X and the Council. This includes an update from the Council. I also considered our Assessment Code.

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My assessment

6. Ms X complained to the Council that it sent a letter containing confidential and personal information to the wrong address. Ms X says the letter included inaccurate information.
7. The Council is considering her complaint as a data breach. It has not finished considering the case because new information has emerged which it is also considering. When the Council has finished considering the data breach it will send its response to Ms X and signpost her to the ICO if she is dissatisfied with the reply.
8. Ms X says the letter contains inaccurate information. The Council will consider this if Ms X provides the Council with details.
9. I will not investigate this complaint because Ms X can complain to the ICO once the Council has finished considering what happened. It is reasonable to expect Ms X to do this because the ICO is the appropriate body to consider complaints about data breaches.
10. Ms X can give the Council information about the inaccuracies she thinks are stated in the letter. The Council will then consider these points. We cannot investigate the alleged inaccuracies because the Council has not had a chance to consider this issue.
11. Ms X wants to sue the Council. This is not something we can assist with as we are not a legal body. Ms X could wait until the ICO has considered the case or she could seek legal advice.

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Final decision

12. We will not investigate this complaint because Ms X can complain to the ICO.

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Investigator's decision on behalf of the Ombudsman