Can You Claim Compensation For A Breach Of Criminal Records Data?

Last Updated 11th July 2025. This guide explores when you could claim for a breach of criminal records data. If you can show that your personal data was compromised in a breach due to the failings of a data controller or processor, you could make a personal data breach claim for the financial and/or psychological damage caused. We explore the eligibility criteria that need to be met in more detail throughout our guide.

A data controller sets the means and purpose for processing your personal data. They may process the data themselves or outsource the task to a data processor who acts on the controller’s instructions. Both parties have a responsibility with regard to the processing of your personal data as per the Data Protection Act 2018 (DPA) in conjunction with the UK General Data Protection Regulation (UK GDPR). These 2 laws lay out the ways controllers and processors need to protect personal data.

We also provide examples of how a breach of data protection laws could lead to your criminal records data being compromised and the impact it could have. In addition, we look at what compensation might cover and the evidence you can use to support your data breach claim.

We conclude with an explanation of how a No Win No Fee solicitor from our panel could help you get started with your case.

For more information, please contact an advisor. They can offer free advice and answer any questions you may have regarding your potential data breach compensation claim. To reach them, you can:

• Call 020 8050 6279.
• Contact us through our website.
• Or write to us via the live chat window below.

Jump To A Section

1. Can You Claim Compensation For A Breach Of Criminal Records Data?
2. Examples Of Breaching Criminal Offence Data
3. Evidence That Could Help You Claim For A Breach Of Criminal Records Data
4. How Much Compensation Could You Receive After A Breach Of Criminal Conviction Data?
5. When Will I Receive A Compensation Payout For My Data Breach?
6. Why Use A No Win No Fee Solicitor When Claiming For A Breach In Criminal Records Data?
7. Read More About Claiming Data Breach Compensation

Can You Claim Compensation For A Breach Of Criminal Records Data?

In order to be eligible to make a personal data breach claim following a breach of criminal records data, you need to show that the following occurred:

• There were failings by the controller or processor to abide by the UK GDPR and DPA 2018.
• Due to their failings, your personal data was affected in a breach.
• Because of the breach, you experienced financial or emotional damage, or both.

A personal data breach can be defined as a security issue where the availability, confidentiality or integrity of your personal data suffers an impact. This is the definition given by the Information Commissioner’s Office (ICO), which is a body set up to uphold the rights and freedoms of data subjects (i.e. you) in the UK.

Personal data is any information that can be used to identify you. It can include, for example, your name, address and phone number as well as your credit or debit card details. Additionally, there are other categories of personal data requiring extra protection. Firstly, special category data is more sensitive in nature and is given more protection under Article 9 of the UK GDPR. This can include data concerning your health as well as data revealing your racial or ethnic origin.

Secondly, criminal offence data has more protection as per Article 10 of the UK GDPR. This can include personal data that relates to criminal convictions, offences or other relevant security measures. It can cover a wide range of information about offenders or suspected offenders, including criminal activity, allegations, investigations and proceedings.

If you have evidence of a breach of criminal records data, please call our team to discuss the next steps you could potentially take.

Examples Of Breaching Criminal Offence Data

There are several ways a breach of criminal records data could occur. For example:

• A failure to keep physical documents stored securely can lead to them being lost or stolen.
• An email data breach containing information relating to criminal offence data was sent to the wrong person via human error.
• Taking work laptops or a memory stick containing criminal offence data home and losing them.
• Incorrectly disposing of paperwork or digital files allowing unauthorised parties access.
• Poor cybersecurity systems lead to a ransomware attack in which criminal records are stolen.

A breach of this data could have several effects, including causing distress, anxiety or stress to the data subject due to the nature of the information that has been compromised. It could also lead to financial losses, such as if an employer gained access and dismissed the employee or the person needed to take time off work to deal with the mental harm the stress has caused.

If you are eligible, you could seek compensation to address the financial and/or emotional damage you have experienced. To discuss your specific case, please call an advisor at the number above.

Evidence That Could Help You Claim For A Breach Of Criminal Records Data

There are several pieces of evidence you could collect to support a claim following a breach of criminal records data. For example:

1. Correspondence with the organisation. This could include emails or letters sent that detail how the breach occurred and what information was affected.
2. Medical reports showing the psychological harm you experienced.
3. Wage slips and bank statements showing the financial losses you experienced.

Following a breach, you could make a complaint to the ICO. They might investigate the issue, and any of their findings could be used to support your case. However, keep in mind that a complaint can only be made within 3 months of the last meaningful communication you had with the organisation responsible for the breach.

A solicitor from our panel could assist you in building your case, provided it’s valid. They have experience handling criminal offence data breach claims and can assist you in collecting evidence to support your case.

To find out more about their services, please contact an advisor at the number above. An advisor may connect you with a solicitor from our panel if they find you have an eligible case. They can also advise further on what to do if your data is breached.

How Much Compensation Could You Receive After A Breach Of Criminal Conviction Data?

A successful personal data breach claim may cover:

• Material damage: The monetary losses caused by the data breach.
• Non-material damage: The psychological impact of a breach, including distress, anxiety, depression, and even post-traumatic stress disorder (PTSD) in severe cases.

To work out the value of psychological damage, solicitors can consult a document that lists suggested compensation brackets for mental harm called the Judicial College Guidelines (JCG). You can find some of the breact below, but please only use the table as a guide. Additionally, keep in mind that the top figure was not taken from the JCG.

Harm Type	Severity Level	Notes	Bracket Guidelines
Multiple Severe Instances of Psychological Harm and Financial Losses	Very Severe	This may be awarded if the claimant suffered multiple instances of psychological harm that are severe, coupled with financial losses like moving home.	Up to £250,000 plus
General Psychological Harm	Severe (a)	Marked problems across multiple aspects of the person's life, such as work and education, leaving a very poor prognosis.	£66,920 to £141,240
	Moderately Severe (b)	Significant issues affecting similar areas of life to the bracket above, including impact on relationships with loved ones, but the person has a better prognosis.	£23,270 to £66,920
	Moderate (c)	A significant improvement and good prognosis. Nevertheless, the claimant might have had experience of problems similar to brackets above, such as relationships with friends and family being affected.	£7,150 to £23,270
	Less Severe (d)	Awards depend on the length of disability and the extent of effects on daily activities/sleep.	£1,880 to £7,150
Post-Traumatic Stress Disorder (PTSD)	Severe (a)	Permanent and negative impact on all aspects of life. Claimant will not be able to work or at the least function anywhere close to pre-trauma levels.	£73,050 to £122,850
	Moderately Severe (b)	A better prognosis due to some level of recovery with help from a professional. However, claimant will likely experience significant disability in the future.	£28,250 to £73,050
	Moderate (c)	Claimant will have mainly recovered and any ongoing issues aren't considered grossly disabling.	£9,980 to £28,250
	Less Severe (d)	Within 1-2 years almost a complete recovery. Only minor symptoms remaining.	£4,820 to £9,980

Speak to our team at the number above for more guidance on calculating your data breach compensation.

When Will I Receive A Compensation Payout For My Breach Of Criminal Records Data Claim?

There is no specific timeframe for when you might receive a compensation payout for your breach of criminal records data claim. Every data breach claim follows its own timeline, dependent on the individual circumstances of the case.

However, here is a list of factors that may determine how long a criminal convictions data breach claim might take to settle:

• If the third party accepts their liability early on. If they dispute responsibility, then more evidence may be needed to prove liability
• The time it takes to gather evidence to build your claim. For instance, how easy it is to obtain documentation of the financial loss you experienced
• Whether you have received a diagnosis for your psychological harm. Alternatively, the prognosis for your condition might not be sufficiently clear to assess the mental health impact
• Disagreements over compensation. If a settlement cannot be reached during negotiations, then alternative routes for mediation may be necessary. In very rare cases, negotiations might fail, leading to a claim having to go to court

At Data Breach Claims, we understand that the impact of compromised personal information can have far-reaching consequences for those affected. If you need assistance with accessing mental health services or gathering evidence, you can get support from one of the solicitors making up our expert panel.

If you have any questions regarding the timeframe for receiving a compensation payout for a criminal data breach claim, please contact our helpful advisors.

Why Use A No Win No Fee Solicitor When Claiming For A Breach In Criminal Records Data?

The solicitors on our panel offer their services under a type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA). This means you won’t need to pay any solicitor fees to access their services at the start of your claim or as your case continues. You also won’t pay these fees if you lose.

However, a small, capped percentage is taken from your compensation as a success fee for the solicitor if the claim wins. It acts as payment for their work and is pre-agree at the start of your claim.

If you would like to find out whether you’re eligible to have a data breach solicitor from our panel represent your case on this basis, please get in touch with an advisor. They can also offer further guidance on claims following a breach of criminal records data.

For more information, you can:

• Call 020 8050 6279
• Contact us through our website.
• Or write to us via the live chat window below.

Read More About Claiming Data Breach Compensation

For more helpful guides:

• Find out how to claim compensation for a prison data breach.
• Learn if you could make a claim following a trade union membership data breach.
• Read our guide to see if you could claim for a breach on social media.

For more helpful external resources:

• GOV – Support for mental health
• ICO – How to access information from a public authority
• National Cyber Security Centre – Information for individuals and families

Thank you for reading this guide on when it is possible to claim after a breach of criminal records data.

Writer Jeff Walker

Editor Meg Monsoon