Summary: We will not investigate Ms X’s complaint about a data breach and about how the Council responded to her information request. The Information Commissioner is better placed to consider these matters.

The complaint

1. Ms X complains about how the Council responded to her information request and says that it committed a data breach. Ms X seeks compensation for this.

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The Ombudsman’s role and powers

2. 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))
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Ms X’s complaint. The Information Commissioner’s Office (ICO) are better placed to consider her complaints. The Information Commissioner’s Office (ICO) is the UK’s independent regulator in respect of data protection matters and is best placed to determine if a data breach took place and if so, what action the Council should take in response. It is also best placed to deal with Ms X’s concerns about how the Council dealt with her information request.
7. Data protection law provides the right for someone who is damaged by a data protection breach to make a compensation claim in court. We are not empowered to make such determinations. It is reasonable therefore to expect Ms X to take court action for the compensation she seeks.

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Final decision

8. We will not investigate Ms X’s complaint because the ICO are better placed to deal with it.

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Investigator's decision on behalf of the Ombudsman