In this guide, we’ll be discussing when you could be eligible to seek compensation following a gas company data breach that has compromised your personal information. A personal data breach could have both a financial and emotional impact. If you meet the eligibility criteria for putting forward a claim, you could claim compensation for how you have been affected. This guide will explore the criteria that must be met in more detail.
Additionally, this guide will explore the responsibilities certain parties have to protect your personal data and the legislation that outlines these. We will provide examples of how your personal data could be affected if these data protection laws are not adhered to.
Furthermore, we will explore the steps you can take if your personal information is affected, including ways that you can gather evidence, to present and build your case effectively.
We’ll also be exploring how compensation for a data breach is calculated and what you could be awarded if your case succeeds.
If you’d like to learn more about how to make a personal data breach claim, you can do so by using the following contact information:
- Call us on 0800 073 8801
- Enter your details into the ‘contact us’ section of our website
- Chat with a member of our team of advisors by using the live chat feature on our website
Browse Our Guide
- When Could You Claim Compensation For A Gas Company Data Breach?
- How Could Gas Companies Breach Your Data?
- How To Prove A Gas Company Data Breach Claim
- Compensation Payouts In Data Breach Claims
- Make Data Breach Compensation Claim On A No Win No Fee Basis
- Learn More About Gas Company Data Breaches
In order to make a personal data breach claim, you need to prove the following:
- Firstly, you need to prove there was a failure on the part of a data controller or data processor to fulfil the responsibilities they have as per data protection law.
- Secondly, you need to prove that as a result of their wrongful conduct, a data breach occurred compromising your personal data.
- Thirdly, you need to show that you experience either financial loss or emotional harm as a result of the breach.
Data controllers are responsible for deciding the purpose for processing your personal information. They can process the data themselves or they can outsource the task to a data processor. Each of them need to adhere to the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). These pieces of data protection law set out the responsibilities both the data controller and processor have to protect your personal data.
A failure to do so could lead to a personal data breach. The Information Commissioner’s Office (ICO), the body responsible for upholding the rights and freedoms of data subjects, defines a personal data breach as a security incident that compromises the availability, integrity and confidentiality of your personal information.
Personal data is defined as information that can be used to identify you either directly or in conjunction with other information. Examples can include:
- Email address
- Postal address
- Phone number
- Information relating to your finances such as your credit card and debit card details
- Salary information
If you have evidence that your personal information was affected in a gas company data breach, get in touch on the number above.
How Long Do I Have To Make A Data Breach Compensation Claim?
When making a claim, it’s important that you’re mindful of the time limits you’ll have to adhere to. You typically have 6 years to begin a data breach claim. However, if your claim is against a public body, you will have 1 year.
If you’re unsure of the time limits you’ll have to start a data breach claim, then you can use the contact information to find out more.
A gas company data breach can occur in a variety of ways. They can result from cyber security incidents or human error. Examples of these can include:
- An employee sends an email to the wrong address despite the correct one being on file. The email contains your name, postal address and information relating to your finances. As a result, you experience financial loss due to having money stolen from your account and emotional distress because of the breach.
- The company fails to ensure they have adequate security measures in place to protect your personal information. As a result, your personal data is stolen in a cyber ransomware attack. This causes you anxiety and stress.
To discuss your specific case and find out whether you could seek data breach compensation, get in touch using the details above.
When making a gas company data breach claim, it’s important to provide evidence of a data controller or data processor’s wrongful conduct. This can come in the form of:
- Correspondence from the gas company, such as emails and letters that confirm the breach and detail what information was affected.
- Medical records detailing the psychological damage suffered, treatment given, and your future prognosis.
- Financial evidence, such as credit reports and bank statements showing any monetary losses.
Additionally, if you report the breach to the ICO and they conduct an investigation, you may be able to use findings from this as evidence.
Provided you have a valid claim, you could use the services offered by our panel of solicitors to help you find evidence to strengthen your case. Get in touch to learn how they could help and whether you’re eligible to have them work on your case.
After making a successful claim, data breach compensation could be awarded for both the material and non-material damage you experienced.
Firstly, non-material damage refers to the harm you suffered to your mental health as a direct result of your data being breached. To calculate the value of this type of harm, solicitors can use the guideline compensation brackets from the Judicial College Guidelines.
Whilst we have included these in the table below, please only use them as a guide because several factors are considered when assessing how much you could be owed for the mental harm you suffered.
|£54,830 to £115,730
|Significant issues with several areas of the person’s life, including education, work and relationships. As a result, the prognosis is very poor.
|Moderately Severe (b)
|£19,070 to £54,830
|Cases with a much more optimistic prognosis, but still involving significant issues affecting several areas of the person’s life.
|£5,860 to £19,070
|Significant improvement in dealing with the issues affecting different areas of life and a good prognosis.
|Less Severe (d)
|£1,540 to £5,860
|The award may be determined by how long the disability was present, and the impact on everyday tasks.
|£59,860 to £100,670
|Cases involving a permanent and negative impact on every aspect of a person’s life.
|Moderately Severe (b)
|£23,150 to £59,860
|Cases involving the injured person suffering from a considerable disability for the foreseeable future. However, the prognosis will be better due to receiving help from a medical professional.
|£8,180 to £23,150
|A large recovery has been made, and any continuing symptoms will not be majorly disabling.
|Less Severe (d)
|£3,950 to £8,180
|Cases involving an almost full recovery being made between 1 – 2 years. There are also only minor symptoms lasting over an extended period.
Could I Receive Compensation For Material Damage?
Material damage relates to the financial losses you have experienced due to the personal data breach. This can include:
- Loss of earnings. For example, you may have had to take time off work due to the stress caused by the breach.
- Money stolen from your bank account.
You’ll have to provide evidence to support this, which could include bank statements and payslips.
You can get in touch with our team of advisors for access to a free case check, where we can provide a more accurate estimate of how much you could be awarded after making a successful claim.
On providing that you have a valid claim, you can choose to make a claim with our panel of solicitors under a type of No Win No Fee agreement that is called a Conditional Fee Agreement (CFA).
Firstly, under a CFA, you won’t be expected to pay any upfront or ongoing fees for the services your solicitor provides you access to. As well as this, in the event that you’re unsuccessful with your data breach claim, you won’t typically have to pay anything for the work they have completed on your case.
However, in the scenario that you make a successful gas company data breach claim, you’ll have to pay your solicitor a success fee. This amount is legally capped as per The Conditional Fee Agreements Order 2013
If you have any further questions in regard to your own claim, then you can discuss this further with our team of advisors by using the following contact information.
Get in touch with us by:
- Calling us on 0800 073 8801
- Entering your details into the ‘contact us’ section of our website
- Chatting with a member of our team of advisors by using the live chat feature on our website
If you’d like to learn more about data breach claims, you can read more of our guides below.
- How to make breach of information compensation claims?
- What are my rights after a GP surgery data breach?
- Disciplinary investigation at work data breach claims guide
As well as this, you can also follow the links below to learn more:
- GOV – Statutory Sick Pay (SSP)
- National Cyber Security Centre: Data breaches: Guidance for individuals and families
- ICO – Data security incident trends
Thank you for reading this guide on when you could be eligible to make a gas company data breach claim. If you have any other questions, please get in touch using the contact details provided above.
Edited by MMI