GDPR and right to provide meter readings
<p>My energy company have estimated the opening meter readings for my move in date for a property. </p>

<p>I have the correct readings in photos taken on that date, but the energy company won't allow me to submit those readings since their terms and conditions state that the readings have to be submitted within a week of the account opening, and I missed that date.</p>

<p>Article 16 of the GDPR gives me the right to correct any personal information held on me by a company.</p>

<p>Estimated meter readings are incorrect by definition and so they should constitute "Incorrect personal information held on me by a company" which I should have the legal right to rectify.</p>

<p>Does article 16 of the GDPR supersede their policy of only allowing meter readings to be submitted within 7 days?</p>

<p>Article 16 states that they can only refuse for a limited set of reasons like for example if the request is only to cause annoyance or is repeated, which doesn't apply here. </p>

<p>Article 16 doesn't say for example "You may refuse if your terms and conditions say so", so the fact that I accepted their terms and conditions should be overridden and not applicable.</p>

<p>The previous tenants didn't provide meter readings for over a year, so the estimate calculated is pretty far off.</p>

<p>I spent a few years working in and around the Energy industry - including a stint working at a supplier, I'm no longer there so unfortunately I no longer have access to the email chains I had discussing this with legal. The consensus at the time was that a "traditional" i.e. non-half-hourly (NHH), non-smart meter reading itself was not considered personal data - they are conceptually tied to a metering point (which may or may not be a physical meter), not to an individual and don't represent an individual's energy consumption (the granularity of the reading is insufficient to tell anything about the usage profile)</p>

<p>But this information, while all around the implementation of GDPR it was a couple of years back and to be honest it was bugging me that I might be out-of-date on the current practices so I reached out to a former colleague who was the Data Protection Officer at the supplier I worked at to try and get a more up-to-date take. He's since moved on but was there until recently so has more experience with the topic since GDPR actually went into effect.</p>

<p>I asked him whether a) estimated opening reads were considered "personal data" and b) what would happen with a request to change one under article 16 and he had this to say, I've translated industry-speak in square brackets:</p>

<blockquote>
  <p>a) for NHH ["Non Half Hourly" - meters that are read ad-hoc, essentially all non-smart domestic meters will be this] an estimated reading wasn't personal data automatically until the billing flag was set in CRM and those would be the only ones we'd include on an SAR [Subject Access Request], any others are internal data not personal. HH ["Half Hourly" - meters for higher consumption users, typically larger business premises are billed on increments for each half hour so have readings for each] and remote [smart meter] readings are always personal for domestic and microb [micro-businesses are a certain class of non-domestic energy customer see <a href="https://epr.ofgem.gov.uk/Content/Documents/Electricity%20Supply%20Standard%20Licence%20Conditions%20Consolidated%20-%20Current%20Version.pdf" rel="nofollow noreferrer">condition 7A</a>]</p>
  
  <p>b) erm no! we'd only change it if the value in CRM didn't match the value in the D10 [industry Data Flow used to transmit meter reads] for some reason. if they match it's an accurate representation of what we estimate the reading to be so it's just a vanilla billing dispute not a data protection issue so i'd have punted it to [name of person who was head of metering]</p>
</blockquote>

<p>From that it would sound as though the estimated read <strong>would</strong> count as personal data - <em>so long as it's being used for billing purposes</em>, but that doesn't mean they <em>have</em> to accept your read in it's stead. </p>

<p>It all comes down to accuracy - GDPR requires that personal data be "accurate" but provides no definition as to what "accurate" means (which makes sense since you can't give a one-size-fits-all answer that isn't an encyclopedia) and while The Electricity Directive 2019 confirms the need for accuracy in billing again it doesn't tell us what that means. The implementation is left to member state regulators.</p>

<p>In the UK this is OFGEM and all opening meter readings are validated through third parties (so you don't end up with the foxes guarding the hen house!) and are calculated using the following formula:</p>

<blockquote>
  <p>Last validated reading for the meter point &lt;= supplied reading &lt;= (expected daily usage x number of days since last validated reading x 2.5)</p>
</blockquote>

<p>where "expected daily usage" is obtained from a database maintained by the regulator - it's calculated off meter type, property type, property use, previous validated reads etc.</p>

<p>So if the customer provides a reading that falls outside the above the supplier can (and in practice invariably will) reject it as being inaccurate.</p>

<p>Now this is why the <em>when</em> a meter reading is provided matters - reads you provide are always assumed to be the read on the day you give them. With opening reads there's some leeway, I can't remember the official rule on how much but usually they give you up to the <em>next</em> estimated read is generated but more on that later.</p>

<p>Now if the reading you're trying to submit is a "now" reading and it's failed the validation criteria and you aren't happy with the rejection you can force the issue by demanding the supplier come read the meter.</p>

<p>You don't say how long has passed since the opening read - more than the week from what you've said so presumably at least a month (guessing you've had at least your first bill).</p>

<p>Now if they are saying the opening read was X (based on the estimated usage) and you're it should have been X + Y and the current reading is X + Y + Z you want to pay your <em>actual</em> usage Z not Y + Z. What you need to do is dispute the opening read, which you're entitled to do, arguably GDPR of Article 16 gives you this right, but on it's own it's a weak argument. There's established means by which an estimated read's "accuracy" is determined and assuming they followed that they're going to just tell you that as far as they are concerned it is accurate. Any challenge to that accuracy is going to have to be done within the legal/regulatory frameworks for assessing accuracy, that's what they're there for, if they won't accept your reading escalate that to the regulator - and as soon as you can. OFGEM for example allow disputing of opening reads for 12 months - it doesn't have to be resolved within that 12 months it just has to be lodged with them within that time.</p>

<p>If you try and use the GDPR angle to pursue this IMHO it's going to muddy the waters and not help you get what you need - pursue this on billing accuracy.</p>

<p>While the other current answers both provide valuable insight they don't actually discuss whether the GDPR applies one dismissing it, without a full argument and the other assuming it does. </p>

<p>It is not perfectly obvious whether a standard meter reading is covered under GDPR.</p>

<p>The definition of personal data under GDPR is extremely broad, See <a href="https://gdpr.eu/eu-gdpr-personal-data/" rel="noreferrer">https://gdpr.eu/eu-gdpr-personal-data/</a>. Note: This is not official EU advice, but it is a commercial information site created with EU funding by Protonmail a secure email provider, whatever that exactly means.</p>

<p>Now your energy consumption is definitely personal data. It is "Any information" (see what I mean by broad) "relating to" yes relates to you</p>

<blockquote>
  <p>Records about electricity and water usage would be considered personal data as this information is used to determine how much to charge an individual.</p>
</blockquote>

<p>That settles part of the issue. The other part is whether a single individual meter reading is personal data. This I think can be argued both ways. It does factor into the resulting personal data, your energy consumption, but in itself it really does say very little. I would think that you might be able to argue it's personal data, but I don't think you really need to. It should be enough to argue that your consumption is personal data and due to them having the wrong meter reading they have the wrong consumption and they should fix that irrespective of the initial meter reading.</p>

<p>All of that though is extremely likely the wrong way to go about this. You don't really care about the way they are processing your personal data in this instance, you care about the amount they are charging you for energy used. There are better ways to do that, which most likely will be faster and cheaper eg. Motosubatsu's answer.</p>

<p>I think you might be missing the point of accurate or corrected information.
Your data is accurate. Your bill will state which meter reads are estimated, therefore this is accurate.
Your utility supplier will also have a record of you providing your meter reading outside of the billing window and therefore could not use it/them on your first bill. This is also accurate.
From what you have described, there are no inaccuracies: You provided your actual readings too late, therefore estimated readings will be used.</p>

<p>Check the supplier's privacy policy and see what it says it will, wont, can and can't do with your data, specifically with regards to your meter readings. That should give you a better insight into their obligations. You should also check your T&amp;Cs to see what your obligations are.</p>

<p>If you're still not happy, you should complain to them directly, in writing. This will then open the option for you to escalate to the energy ombudsman if you're not satisfied with their response.</p>

<p>If at this point you still dont think your GDPR concerns have been addressed, you <em>could</em> raise your complaint with the ICO, but I wouldn't rate your chances any higher at this point.</p>

<p>The Art 16 right to rectification reads:</p>

<blockquote>
  <p>The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.</p>
</blockquote>

<p>This right applies very broadly:</p>

<ul>
<li>If you want to rectify or complete personal data, and</li>
<li>either

<ul>
<li>the data is inaccurate, or</li>
<li>the data is incomplete, and completion is in line with the processing purpose</li>
</ul></li>
</ul>

<p>But all of these points can be argued either way!</p>

<ul>
<li>The meter reading is personal data in the sense of the GDPR because it is associated with an identifiable natural person, you.</li>
<li>The initial meter reading isn't personal data because it doesn't <em>relate</em> to you, whereas later meter readings might relate to your consumption.</li>
<li>The estimated meter reading is inaccurate, thus giving rise to a right to rectification.</li>
<li>The estimated meter reading doesn't represent inaccurate data but incomplete data, and rectifying this data would always be in line with the purpose of accurately measuring your consumption.</li>
<li>The estimated meter reading may be incomplete data, but providing the initial meter reading after 7 days would run against the purpose of accurately measuring your consumption since the meter reading you provide might already include over seven days of consumption – there is an unreasonably large opportunity for abuse.</li>
</ul>

<p>I am of the opinion that treating consumer rights matters like this as a GDPR problem is not helpful. In addition to your personal data rights, you must also consider the energy provider's and the previous owner's interests. While the exact length of the time window for the initial meter reading might be debatable, having such a deadline is reasonable. And as outlined above there are at least two ways to argue that the right to rectification doesn't apply. </p>

<p>I am surprised by the number of answers suggesting that meter readings are not personal data by virtue of the fact that they "belong to meters" and do not "belong to people".</p>

<p>The GDPR was not drafted in such a narrow way. To determine whether an item of data is personal data, you do not look at that item in complete isolation. Instead, the analysis should be on the set of records as a whole, with consideration given to the <em>purpose</em> for which the data is being processed.</p>

<p>A meter reading is not processed merely so that it can stay in an isolated set of records for the meter. Instead, it is linked to the account of a customer for the purposes of accurately calculating the customer's bill. It is personal data because it is <strong>relating</strong> to the individual. Furthermore, the data does not have to be capable of <em>directly</em> identifying the individual; it is sufficient that it does so <em>indirectly</em>. Note that the GDPR Article 4(1) is very widely drafted on this point:</p>

<blockquote>
  <p>‘personal data’ means any information <strong>relating to an identified or
  identifiable natural person</strong> (‘data subject’); an identifiable natural
  person is one <strong>who can be identified</strong>, directly <strong>or indirectly</strong>, in
  particular by reference to an identifier such as a name, an
  identification number, location data, an online identifier or to one
  or more factors specific to the physical, physiological, genetic,
  mental, economic, cultural or social identity of that natural person
  (emphasis added).</p>
</blockquote>

<p>I think it is fairly clear that a meter reading <em>relates</em> to an individual (because it informs the amount of their bill) and that it can <em>directly</em> identify the individual (because typically such readings are printed directly on the bill along with the meter serial number), but that failing that it can certainly do so <em>indirectly</em> because the meter will be linked to the customer's account in the electricity company's records.</p>

<p>The Electricity Directive 2019 Article 18(1) states that:</p>

<blockquote>
  <p>Member States <strong>shall ensure that bills and billing information are
  accurate</strong>, easy to understand, clear, concise, user-friendly and
  presented in a manner that facilitates comparison by final customers.
  On request, final customers shall receive a clear and understandable
  explanation of how their bill was derived, <strong>especially where bills are
  not based on actual consumption</strong>.
  (emphasis added).</p>
</blockquote>

<p>Article 20(f) states:</p>

<blockquote>
  <p>appropriate advice and information shall be given to final customers
  prior to or at the time of installation of <strong>smart meters</strong>, in
  particular <strong>concerning their full potential with regard to</strong> the
  management of <strong>meter reading and</strong> the monitoring of energy
  consumption, and concerning <strong>the collection and processing of
  personal data</strong> in accordance with the applicable Union data
  protection rules
  (emphasis added)</p>
</blockquote>

<p>The law has clearly recognised that the installation of a smart meter triggers the "collection and processing of personal data", in particular relating to meter readings. To argue that meter readings are somehow not personal data because they not related to the individual is therefore a weak argument.</p>

<p>Note: I am simply addressing the applicability of the GDPR. Whether or not the OP should take this route as a practical matter is off-topic.</p>

<blockquote>
  <p>Estimated meter readings are incorrect by definition</p>
</blockquote>

<p>This is incorrect.  An estimated meter reading is <em>probably</em> different from the actual meter reading at the time, but it (by definition) does not purport to reflect the actual meter reading; it is explicitly an estimate.</p>

<p>If the estimated meter reading is indicated as such in the data, then the data are not inaccurate.  For example, if a police database records that a witness described a suspect as approximately 180 cm tall when the suspect is actually 184 cm tall, the database is nonetheless correct, because it is recording the witness's description, not the suspect's actual height.</p>

<p>Separately from that issue, a utility's terms of service will typically provide for billing to be based on estimated meter readings under certain conditions.  If those conditions have been met, then the utility will calculate the amount due from the estimated meter reading. </p>

gdpr