If you have suffered harm after a data breach by a gas company, you may be curious as to whether you could make a claim. Our guide explains what criteria should be met to make a personal data breach claim and a breakdown of the types of damages you could be awarded compensation for.
Additionally, we look into the different types of evidence which could be useful in supporting your claim and how long you have to begin your personal data breach claim.
As well as this, our guide looks at the benefits of using a No Win No Fee solicitor to represent your case.
For further information about the steps you could potentially take if a data breach by a gas company included your personal data, please continue reading. On the other hand, you can reach a member of our team to have your case assessed and receive free legal advice. Please contact an advisor using one of the methods below:
Browse Our Guide
- Could I Claim Compensation For A Data Breach By A Gas Company?
- How Could A Gas Company Breach My Data?
- Advice On Proving Liability In A Data Breach Claim
- Compensation Payouts In Data Breach Claims
- How Could A No Win No Fee Data Breach Solicitor Help?
- More Advice On What To Do If Impacted By A Data Breach By A Gas Company
The Information Commissioner’s Office defines a breach of data as a security incident which has compromised the integrity, availability, and confidentiality of your personal data. The ICO is an independent public body created with the purpose of upholding your rights as a data subject.
Not all data is protected by data-protection legislation only data that can identify you alone or in conjunction with other information, such as your name, phone number, or address. Additionally, a type of personal data known as a special category requires extra protection due to its sensitive nature. This can include personal data relating to your health, race, political opinion, sexuality, or trade union membership.
Furthermore, two entities are responsible for keeping your personal data secure: data controllers and processors. A data controller decides why and how your data is processed. A data processor can be a third party hired by the controller to process the data on their behalf and under their instructions.
Article 82 of the UK GDPR sets the criteria for data subjects to be able to claim compensation if their personal data has been breached:
- There was a failure on behalf of the controller or processor to uphold data protection laws, causing a breach.
- This involved a compromise of your personal information.
- You suffered emotional or financial harm.
If your circumstances are similar to those listed above, please get in contact to discuss your claim further.
Time Limits In Data Breach Claims
When making a personal data breach claim, you have 6 years to begin proceedings. Typically this is reduced to one year if making a claim against a public body.
To discuss time limitations in more detail, please speak with one of our advisors.
A data breach by a gas company could potentially happen in a number of ways. For example:
- Letters sent to the wrong postal address: If the gas company does not update their company records, this could lead to them sending letters intended for you to the incorrect address. This could cause someone else to receive your personal data in the post. During 2022 this made up 10% of data security incidents reported to the ICO across all sectors.
- Wrong email address: This was the reason for 18% of data security incidents. A company may mix up your details with someone else’s, leading to an incorrect recipient receiving your information.
- Stolen or lost devices: This could occur if the organisation has failed to put efficient security measures in place to prevent this from happening.
Please contact the team of advisors for advice on whether you could have an eligible claim.
Personal data breach claims are only possible when the data controller or processor is liable for the actual breach. Therefore not all who suffer due to a data breach will have an eligible claim.
The onus may be on you to prove why you think a data controller or processor is liable for the breach. This means gathering evidence to support what you are saying.
If your personal data is involved in a data breach and this has infringed on your rights, then the company that processed your data should inform you without undue delay. This correspondence may be used in support of your claim.
If you discover a data breach or you suspect one has taken place that involves your personal data, then you can write to the company involved and ask them whether your data has been breached, what types of data were involved and how this happened. Any correspondence again may be sufficient to use as evidence.
When a company does not provide a satisfactory response or no response at all, you have the option to escalate this complaint internally. Additionally, you could also report the potential breach to the ICO. The ICO will not award you compensation, but they may investigate. If their findings are in your favour, this can also be used as evidence.
To learn more about how to deal with a data protection breach, please contact our team.
If your data breach compensation claim is successful, you can claim for both the material and non-material damage that you have suffered.
Non-material damage refers to the harm you suffered emotionally. For example, you could claim for anxiety due to a data breach. Notes from your therapist or GP concerning the state of your mental health can support this.
While valuing your harm, solicitors may refer to the Judicial College Guidelines, looking to the compensation brackets for assistance. These provide values for different types of injuries and harm.
These are shown in the table below, though it should be noted that they are not guaranteed representations of your compensation. They are only a guide, as your award may differ.
|Marked problems coping with life, education and work amongst other issues and the prognosis is very poor.
|£54,830 to £115,730
|Moderately Severe (b)
|This category is distinct from the one above because although there are significant problems coping with life the prognosis is much more optimistic.
|£19,070 to £54,830
|There are problems in coping with aspects of life such as relationships and work but there has been improvement.
|£5,860 to £19,070
|Less Severe (d)
|The duration of disability and the impact on daily activities is considered.
|£1,540 to £5,860
|Post-Traumatic Stress Disorder
|The effects are permanent and prevent the person from working or at least functioning as they did before the trauma.
|£59,860 to £100,670
|Moderately Severe (b)
|If the claimants seek professional help there is room for recovery. But for the time being siginificant symptoms will be experienced.
|£23,150 to £59,860
|The recovery has largely taken place and any remaining effects are not largely impairing.
|£8,180 to £23,150
|Less Severe (d)
|A near full recovery will be made within one to two years.
|£3,950 to £8,180
Material damage relates to any financial losses you have experienced due to a data breach.
If there has been a breach of your data, such as your bank or card details, this can lead to you being affected financially if your details are used to make fraudulent purchases. Financial documents such as bank statements and credit reports can illustrate and support this.
If a data breach by a gas company has occurred and affected your personal data, why not give our advisors a quick call and have your case assessed for free?
When making a claim, you may want to connect with a data breach solicitor. They will be familiar with this area of the law and may propose to work on a No Win No Fee basis. They could put a Conditional Fee Agreement forward.
This means that if your claim is not a success, you will be under no obligation to pay any fees to your solicitor for their services.
Comparatively, if your claim is successful, your solicitor may take a success fee. They will deduct this from your compensation. The Conditional Fee Agreements Order 2013 legally restricts the percentage they can take, and it will typically be agreed upon prior to the agreement being entered.
For more information, please contact us. Our advisors can provide further guidance.
If you would like to discuss your claim-related questions further, please don’t hesitate to get in touch. Our advisors are available to provide advice and help on all data breach claims.
Please use one of the listed contact methods below:
- Call us on 0800 408 7825
- Complete the information form to contact us
- Refer to our live chat to receive support
If you have been affected by a data breach by a gas company, we hope our guide was useful. For more of our guides, please visit the links below:
- Has My Data Been Breached? Check Here
- Am I Eligible To Make A Data Breach Claim?
- My Records Were Lost In A Data Breach, What Are My Rights?
For more helpful information, explore these external sites: