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Am I covered?

A company told me my data was leaked in a breach

Plain-language help for ordinary people. General information, not legal advice. Helplines, portals and screen names were checked against official Government and regulator pages on 1 November 2026. Portals change: if a screen looks different, follow the words on the screen and the official guide linked in each step.

A company says your data was exposed, or news reports a breach at a company you use. Here the company is clearly responsible; the question is what it must do and what you can claim.

Safety first. Threatened or in danger: call 181 (women) or go to the nearest police station. Lost money: call 1930 at once.

Your rights

  • Right to ask the company what it holds and who it shared it with. Companies already name a grievance officer under the 2011 SPDI Rules.
  • Right to compensation if a company is careless with sensitive data (passwords, bank or card details, health records, biometrics and similar). IT Act section 43A, with the 2011 SPDI Rules, until 13 May 2027.
  • Right to compensation for deficiency in service. Under the Consumer Protection Act, 2019 you can claim compensation before a Consumer Commission. File within 2 years.
  • Right to police help. The police must take your complaint about threats, stalking or harassment. You can also report online at cybercrime.gov.in.
  • DPDP rights from 13 May 2027. You can ask what data the company holds and who it shared it with (section 11), ask for correction or erasure (section 12), and complain to the company, then to the Data Protection Board (sections 13 and 27). The company answers for its processors (section 8(1)).

How to fight it, step by step

One action per step. Each step says what to write, what to attach, what you get back, and how long to wait before the next step. If the person turns out to be fake, skip to If it is fake.

  1. Save the evidence before you block or delete anything.
    What to write: A short note with the date, time, number used, and exactly what was said or what details they knew.
    What to attach: Screenshots of the call log, SMS, WhatsApp chats (with the number visible), and any payment screen.
    What you get back: A record that cannot later be denied.
    How long to wait: Do this the same day.
  2. Write to the company's grievance officer.
    What to write: Letter 2 below.
    What to attach: Evidence.
    What you get back: An acknowledgement.
    How long to wait: 30 days.
  3. Send one written follow up to the grievance officer.
    What to write: Your complaint number, the date you complained, and: "I have had no reply (or an incomplete reply). Please reply in writing within 7 days, or I will escalate to the National Consumer Helpline."
    What to attach: Your first complaint and its acknowledgement.
    What you get back: Proof that you gave the company a fair chance. Regulators and Commissions ask for this.
    How long to wait: 7 days, then go to the next step.
  4. File a police complaint, or ask for an FIR.
    What to write: A signed complaint to the officer in charge of your local police station, or online at cybercrime.gov.in. Say what happened, when, the numbers used, and that someone used your data to cheat or threaten you.
    What to attach: Printouts of your screenshots and a copy on a pen drive. Your ID proof.
    What you get back: An FIR copy, or at least a written acknowledgement of your complaint. Online, you get an acknowledgement number.
    How long to wait: Do this at once if you feel unsafe. Do not wait for the company.
  5. Call the National Consumer Helpline on 1915, or file on consumerhelpline.gov.in.
    What to write: The company's name, your complaint number with it, what went wrong, and what you want (for example: action against the person, written confirmation, compensation).
    What to attach: Your complaint, the company's replies, and screenshots.
    What you get back: A docket number. The helpline takes your complaint up with the company. It is free and comes before a court case.
    How long to wait: Give it a few weeks. If nothing changes, go to the Consumer Commission.
  6. File a consumer case for deficiency in service on e-Jagriti.
    What to write: Who you are, the company, what service you used, what went wrong, the loss and distress caused, and the compensation you claim.
    What to attach: Everything above: evidence, letters, replies, helpline docket.
    What you get back: A case number and hearing dates. You can argue the case yourself. The District Commission hears cases where the value of what you paid is up to Rs 50 lakh, the State Commission up to Rs 2 crore, and the National Commission above that (2021 Rules).
    How long to wait: File within 2 years of the problem.
  7. Get a lawyer if the stakes are high.
    What to write: Nothing yet. Take your full file to the lawyer.
    What to attach: All of the above.
    What you get back: Advice on a legal notice, a claim before your State's IT Adjudicating Officer, or a civil suit for damages.
    How long to wait: Before you send any legal notice or file a suit. This page is not legal advice.

What people tried and what worked

  • Police investigation led to an arrest in one reported bulk data case.

Based on reports on public forums, and the news reports listed below. Paraphrased, with no usernames or personal details. What worked for one person may not work for you; the numbered steps above are the official route.

News reports

Not legal advice. This page explains the rules in plain words so you can act. Consult a lawyer before you sue anyone or send a legal notice. Laws and portals change; check the linked official source.

Step 1: stay safe and find out who it is

  1. Check the notice came from the company's real domain. Do not click links in it; go to the website yourself.

If it is genuine: hold the company accountable

Which rules this may break

  • SPDI Rules, 2011 and IT Act section 43A for sensitive data.
  • IT Act section 72A for disclosure in breach of contract.
  • Consumer Protection Act, 2019 for deficiency in service.

What the company must do, and by when

  • Answer your written request.
  • Stop the misuse.
  • From 13 May 2027: tell you who received your data (section 11) and report breaches (section 8(6)).

Letter 1: ask them to confirm who the caller is

Send it through the official channel. Keep a copy and the acknowledgement.

To: The Grievance Officer, [Company name]
Subject: Please confirm whether this person works for you

Dear Sir or Madam,

I am your customer. My customer or account ID: [number].

On [date] at [time] I received a call or message from [phone number]. This is not an official number. The person said they were [name], [role or employee ID], from the company. They knew my [list the details they knew].

Please confirm in writing within 7 days:
1. Whether this person is your employee, agent, vendor, agent or partner.
2. If yes, their name, role and the agency they work for.
3. Whether you allow staff or agents to contact customers from personal numbers.
4. If they are not connected with you, please say so, so I can report the number.

Name:
Registered mobile number:
Date:

Letter 2: ask how your data got there

To: The Grievance Officer, [Company name]
Subject: How did my personal data reach a personal phone? Complaint number [if any]

Dear Sir or Madam,

On [date] a person connected with you, [name if known], contacted me from a personal number [number] and knew my [details]. [Describe what they did.]

Please tell me in writing:
1. What personal data about me this person could see, and through which system or app.
2. Whether you shared my data with any agency, vendor, agent, partner or processor, and their names.
3. How my data reached a personal phone or account outside your official systems.
4. What action you have taken against the person or agency, including suspension while you investigate.
5. What you have done to stop this happening again.

Many companies already name a grievance officer for data matters under the IT Act's 2011 SPDI Rules.

From 13 May 2027, sections 8 and 11 of the Digital Personal Data Protection Act, 2023 also apply.

Please reply within 30 days. If I do not hear from you, I will escalate to the National Consumer Helpline and, from 13 May 2027, the Data Protection Board.

Name:
Registered mobile number:
Date:

Evidence to keep

  • The breach notice.
  • Any fraud attempts after it.
  • Company replies.

More in the evidence checklist.

Can you sue? What realistically happens

  • Consumer Commission: the most practical route for compensation. Cheap, no lawyer needed, file within 2 years.
  • IT Act section 43A (until 13 May 2027): if the company was negligent with sensitive personal data (passwords, bank or card details, health records, biometrics) and that caused wrongful loss or gain, it must pay compensation. Claims up to Rs 5 crore go to your State's IT Secretary acting as Adjudicating Officer (section 46); larger claims go to a court. Appeal within 45 days (section 57). Your phone number and address alone are not sensitive data under the 2011 Rules.
  • Civil suit for damages: possible, but slow and costly. Section 61 of the IT Act bars civil courts from matters the Adjudicating Officer can decide.
  • Police: only where there is a crime, for example a person who disclosed your information in breach of a contract to cause wrongful loss or gain (IT Act section 72A, up to 3 years), identity theft (66C), cheating by impersonation (66D), stalking or threats.
  • Realistic outcome: most people get results from a firm written complaint and the regulator or ombudsman. Courts take years. Consult a lawyer before suing.

From 13 May 2027: the Data Protection Board

From 13 May 2027 the DPDP Act's duties apply. The company is responsible for processing done by it or by anyone processing on its behalf (section 8(1)), may use a processor only under a valid contract (section 8(2)), must protect your data with reasonable security safeguards (section 8(5)), and must tell you and the Board about a breach (section 8(6)). It may use your data only for the lawful purpose you agreed to (sections 4 to 6). Section 44(2) removes IT Act section 43A from that date. Complain to the company first; if it does not resolve it, complain to the Data Protection Board. The Board can impose penalties up to Rs 250 crore, but penalties go to the Government (the Consolidated Fund of India, section 34), not to you. For money, use the ombudsman or the Consumer Commission. Appeals from the Board go to TDSAT within 60 days (section 29).

If it is fake: urgent steps

  1. Fake breach notices are used for phishing. Change passwords only on the real site.
  2. Call 1930 if money was lost.

Step by step guides:

Report a breach or leak to CERT-In

Report a breach or leak to CERT-In

CERT-In is India's national agency for cyber security incidents. Its incident form has a box for individuals and lists data breach and data leak as incident types. Filling the form is optional; you can just write the details in an email.

Keep this ready before you start:

  • Name of the company or website.
  • What leaked and where you saw it (for example a link).
  • When it happened and when you found out.
  1. Email the details to [email protected], or call the toll free number 1800-11-4949.
  2. You can attach CERT-In's incident reporting form (certinirform.pdf on cert-in.org.in). It is not mandatory.
  3. Say whether you are the affected person or reporting for someone else.
  4. Keep a copy of your email.

Checked on 1 November 2026 against: CERT-In: contact and incident reporting.

Use your DPDP rights (from 13 May 2027)

Use your DPDP rights (from 13 May 2027)

The rights in sections 11 to 14 of the DPDP Act, and the duties of companies that go with them, start on 13 May 2027 (G.S.R. 843(E)). Until then you can still write to a company and ask. Many will answer. But they are not yet bound by these sections.

Keep this ready before you start:

  • The company's published method for rights requests. Rule 14 says companies must show it on their website or app.
  • The identifier they ask for, such as your username, customer ID or registered mobile number.
  1. Find the company's rights or grievance page, or its Data Protection Officer contact.
  2. Send a written request using the method they publish. Use our request letter template.
  3. Ask for what you need: a summary of your data and how it is used, and the names of everyone it was shared with (section 11); correction, completion, updating or erasure (section 12); or a fix for a grievance (section 13). You can also nominate someone to act for you after death or incapacity (section 14), and withdraw consent (section 6(4)).
  4. Save the acknowledgement or ticket number.
  5. Wait for the time they publish. Rule 14(3) says it cannot be more than 90 days.
  6. If they refuse or do not answer, you can complain to the Data Protection Board of India. You must use the company's grievance route first (section 13(3)).
  7. The Board works as a digital office. Use the method it publishes on its website and app (rule 19). We will add the link when the Board publishes it.

Checked on 1 November 2026 against: Digital Personal Data Protection Act, 2023 (MeitY copy of the Gazette), Digital Personal Data Protection Rules, 2025 (G.S.R. 846(E)), G.S.R. 843(E): start dates for the Act.

Related guides

See also when a platform shares your data with a third party and the escalation ladder.

Official sources

Checked on 1 November 2026. Company pages are labelled as the company's own words.

On this page
  1. Your rights
  2. How to fight it
  3. What people tried
  4. Step 1: verify
  5. If genuine
  6. Letters
  7. Can you sue?
  8. Data Protection Board
  9. If fake
  10. Sources