The government holds a plethora of different types of personal and sensitive special category data about all of us. Different departments may hold personal, financial, criminal and medical records. This data should be safely processed and held in line with data protection legislation. If your data has been breached, you could claim compensation. To find out how our team could help, read our guide to government data breach claims.
Essential Information
- Data protection laws protect your personal information.
- Personal data is information which may be used to identify you.
- Various government departments and agencies may have the right to collect and process different types of data.
- The Information Commissioners’ Office (ICO) is an independent body with responsibility for upholding data protection rights.
- Of data security incidents reported to the ICO in 2024, 9% impacted local government and a further 2% affected central government.
You can learn more about how to make a data breach compensation claim in the guide below. To get help and support from our advisors, please:
- Contact us by completing our form.
- Talk to us live on our chat below.
- Call us today on 020 8050 6279.
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
Frequently Asked Questions
- Can I Make A Compensation Claim After A Government Data Breach?
- How Much Compensation Is Awarded In Government Data Breach Claims?
- How Can I Tell If I Was Part Of A Data Breach?
- What Personal Data Might Be Breached?
- Is There A Time Limit To Claiming After A Government Data Breach?
- How Might A Government Breach Of Data Happen?
- What Steps Should I Take After A Data Breach?
- How Long Will It Take To Settle A Data Breach Claim?
- Why Should I Use A No Win No Fee Data Breach Solicitor?
- Learn More
Can I Make A Compensation Claim After A Government Data Breach?
You could make a compensation claim after a government data breach if you experienced financial losses and/or psychological distress as a result of the incident. Personal data breaches are incidents in which your personal data is accidentally or unlawfully destroyed, altered, lost, disclosed or accessed.
There are two main parties who may be involved in handling and processing your data:
- Data controllers – determines what data may be collected and how it is used in line with UK data protection laws. A data controller could be an organisation, company or in the context of this guide, a public body.
- Data processors – these are appointed by data controllers to process personal data on their behalf.
Central or local government departments, agencies and bodies may act as the data controller, data processor, or both. These parties are involved in handling information. They must process or handle your data in compliance with the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR).
There are three basic criteria that government data breach claims must meet. These are:
- The data controller or processor failed to adhere to the aforementioned data protection laws, leading to a breach.
- Your personal data was involved in the breach. This could be special category, criminal offence or other data is involved in a breach.
- This caused you to suffer financial loss, psychological harm (emotional distress) or both.
Please contact our team for an assessment of your case. An advisor could help to determine whether you could claim data protection breach compensation.
How Much Compensation Is Awarded In Government Data Breach Claims?
How much compensation that is awarded varies between successful government data breach claims because every case is different.
For example, a successful compensation claim involving severe psychiatric damage could be awarded between £66,920 and £141,240. These figures have been taken from the latest edition of the Judicial College Guidelines (JCG). Those involved in calculating compensation for psychological damage, emotional distress and post-traumatic stress disorder may refer to the JCG when calculating compensation for your non-material damage. Non-material damage refers to the way you were harmed mentally. You could also be awarded compensation for your material damage, discussed in the subsequent section.
Furthermore, how much compensation may be awarded in government data breach claims will depend on the type of psychological harm sustained or degree of financial loss. This means that any compensation awarded will be unique to your claim, taking account of the specific factors involved.
In the following table we present relevant examples of compensation for distress and psychiatric damage. Please be aware that these figures (with the exception of that in the first row) are examples taken from the JCG and are not guarantees of what you may be awarded. The headline figure is an illustration of what may be awarded as a total settlement.
| Harm | Severity | Notes | Guideline Compensation |
|---|---|---|---|
| Psychiatric damage and/or post-traumatic stress disorder + material damage. | Severe. | Severe psychiatric damage and/or post-traumatic stress disorder + material damage - loss of earnings, etc. | Up to £500,000+ |
| Psychiatric damage | Severe (a) | Marked issues across many parts of the claimants life. | £66,920 to £141,240. |
| Moderately severe (b) | Marked problems across many areas of life, but where the prognosis is better. | £23,270 to £66,920. | |
| Moderate (c) | May make a marked level of recovery. | £7,150 to £23,270. | |
| Less severe (d) | Any disability and its extent may be taken account of. | £1,880 to £7,150. | |
| Post-traumatic stress disorder. | Severe (a) | Permanent impacts, such as the reduced or inability to work. | £73,050 to £122,850. |
| Moderately severe (b) | Those in this bracket have been given a more optimistic prognosis. | £28,250 to £73,050. | |
| Moderate (c) | Claimants may already have made a large degree of recovery. | £9,980 to £28,250. | |
| Less severe (d) | Claimants may already have or will make an (almost) full recovery. | £4,820 to £9,980 |
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
How Material Damage Works In Data Breach Claims
Material damage in data breach claims refers to associated financial losses and is the second way in which you may be compensated. Taken together, non-material and material damage may form your final settlement.
Examples of financial losses you could be compensated for include:
- Lost income and earnings. This may be caused by your having to take time off work following the breach due to experiencing psychiatric harm. In some cases this may form a large part of your final settlement.
- Medical expenses. This could include the cost of prescription medication, therapy or psychiatric treatment.
- Security costs. In some instances, the disclosure of your personal information (such as your name and address, etc) may cause serious concerns for your safety. You may have had to pay for domestic security.
- Relocation costs. The concerns highlighted above may be sufficient enough to warrant your relocation to a new, undisclosed location.
Your data protection compensation claim must be submitted with evidence of these losses. You may submit copies of wage slips, medical invoices, receipts, estimates and bank statements. This will be in addition to further evidence which helps prove your claim in general.
One of our panel of data breach solicitors could help you to make a successful claim. Get in touch with us to begin your claim.
How Can I Tell If I Was Part Of A Data Breach?
If a data controller or processor suffers a data breach in which your rights or freedoms are affected, you should be notified. They should provide you with a data breach notification letter.
Data controllers have an obligation to ensure that they comply with the DPA and UK GDPR. Organisations, such as local authorities, central government departments and other agencies must ensure that data is processed lawfully, fairly and transparently.
What Should A Data Breach Notification Include?
- Details on how the breach occurred, who was affected by it, and what sensitive data or private data may have been affected.
- What steps the organisation (government body, agency, department, etc) is taking to deal with the breach.
- Contact details for the data protection officer handling communication for those affected. Organisations should provide a single point of contact for you to get in touch with if necessary.
Whilst organisations have a duty to notify those affected by a data breach, they may not always do so. Or, they may not do so in a timely fashion. Even when data breach notifications are sent out, recipients could still easily miss them. In some instances, those affected may only find out that a breach happened if or when it is reported in the news or when the ICO takes action.
If you suspect that your sensitive personal data has been impacted by a breach, you can use online tools to review and secure your financial information. Free credit monitoring services can alert you to any unexpected or unauthorised activity, such as credit applications being made in your name. Such activity may indicate your data has been impacted by a breach. The National Cyber Security Centre provides advice and guidance to members of the public.
Contact our advisors if you believe that your information has been involved in a data breach. An advisor could review your case and help to determine whether you have a valid data breach claim.
What Personal Data Might Be Breached?
Government agencies, local authorities and public bodies may hold a very large amount of personal data. This data will concern an individual (the data subject) who may be identified or identifiable. The data subject may have knowingly provided the government with the information, or it may have been automatically or otherwise collected without them knowing.
The UK GDPR and DPA protect the following personal information.
- Names, addresses and dates of birth. It also protects other contact information such as your phone number and email addresses (etc).
- Identification numbers and location data.
- Your device’s IP address or cookie identifier. This may pertain to devices such as your computer, phone, tablet or other connected device.
- Financial records and data such as bank account information as well as your credit and debit card details.
Personal data can also include special category and criminal conviction data. This sensitive personal data may include that concerning:
- Your ethnic or racial background or your genetic data.
- Political opinions and trade union membership.
- Philosophical or religious beliefs.
- Biometric data which may be used to identify you.
- Medical information, health, sex life and sexual orientation data
This type of data is considered much more sensitive and there are limited circumstances in which it may be processed. Data relating to criminal convictions, records or allegations of activity may also be afforded further protection.
If any of these types of information have been involved in a data breach you may be able to make a successful claim. Contact our team for help with your data protection compensation claim.
Is There A Time Limit To Claiming After A Government Data Breach?
There is a time limit in which government data breach claims must be filed. Typically the limitation period is 6 years. However, this can drop to just 1 year for data protection breached by public bodies. In some exceptional circumstances this may vary. As such, it is important to begin your claim as soon as possible to ensure you do not lose your right to claim.
Our team is on hand to provide further information on how long you may have to claim following a government data breach. Talk to one of our advisors now.
How Might A Government Breach Of Data Happen?
A breach of government data may happen due to human error or deliberate, malicious actions. According to statistics found in the ICO’s data security trends for 2025 (linked at the top of this guide), the top 5 ways in which breaches happen are:
- Email data breaches. These are where information is sent to the wrong recipient. For example, a governmentt department may send an email with a road user’s data to the wrong person. These account for 18% of breaches.
- Other non-cyber incidents. This may involve physical paperwork being lost or stolen. For example, a worker for a government department may take paperwork to work from home and leave it on a train. These account for 15% of breaches.
- Unauthorised access. This may include the failure to upgrade security software leading to personal data being disclosed during a cyberattack. These account for 11% of breaches.
- Phishing. This involves criminals using scam messages to get people to send information or to click on a link. A member of staff at a local authority may click on a link in an email and expose the system to a phishing attack. These account for 11% of breaches.
- Failure to redact. This may occur where a government department fails to remove or obscure personal information in data or documents or before disclosing it to a third party. For example, social services may fail to redact foster parents’ data when sending information to birth parents. These account for 7% of breaches.
These are just some examples of when data breach claims may be made. Please contact our team to learn more about government data breach claims.
What Steps Should I Take After A Data Breach?
You should take steps to protect yourself from any potential effects. The National Cyber Security Centre provides information on actions people can take following a potential data breach. Recommended steps include contacting the organisation, being alert to potentially suspicious messages and checking your online accounts.
There are additional steps you may take if you intend to claim data breach compensation. Any claim must meet the eligibility criteria highlighted earlier in this guide. As such, you must collect and submit sufficient evidence with any claim you make.
Evidence may include:
- Evidence which shows the breach happened and that it impacted you psychologically and/or financially. Proof may include a data breach notification letter or finding from an investigation by the ICO.
- Correspondence with the government agency, organisation or department. This may include details of how the breach happened, what data was involved as well as steps they are taking to deal with the matter.
- Proof of any psychiatric damage, such as copies of your medical records or letters of diagnosis.
- Proof of any financial harm you are claiming for, such as your payslips.
You may also contact a solicitor, such as one of these making up our expert panel. A solicitor could help you to obtain and collect evidence in support of your claim. They may also help you to access services, such as therapy and other services.
Get in touch to be connected to one of our panel of data breach solicitors.
How Long Will It Take To Settle A Government Data Breach Claim?
How long a government data breach claim takes to settle may vary significantly. Your case may be reliant on findings from an ICO investigation, which could take time to conduct and produce any findings. In some instances, less complex cases may be resolved within a few months. Cases with greater complexity, where the data controller/ processor does not admit liability or where the case needs to go to court may take longer to settle.
An advisor could provide further information on how to navigate the data breach claims process. They could also connect you to a solicitor who could assess your case and help you to claim compensation.
Why Should I Use A No Win No Fee Data Breach Solicitor?
At Data Breach Claims we work with a panel of specialist data breach solicitors. They could help those impacted by government data breaches to seek compensation. When you contact our team, an advisor could take the details of your case during a free, no-obligation consultation. If they believe that your case is valid, they could connect you to one of the solicitors on our panel
Some of the benefits of working with one of these solicitors could include;
- The use of a Conditional Fee Agreement (CFA). These are a form of No Win No Fee agreement under which services are provided by a solicitor without upfront payment.
- Instead, claimants pay a success fee on successful completion of a claim. This fee is a percentage of the compensation with a legal cap placed on it.
- Help gathering evidence and submitting your claim within the time limit.
- An explanation of any complex, legal, jargon.
- Organising psychological care and an independent medical assessment.
Contact Our Advisors
Contact one of our advisors and find out if one of our panel of data breach solicitors could help you.
- Phone 020 8050 6279 to talk to an advisor.
- Talk to us over our live chat.
- Use our contact form to send the details of your case.
Learn More
Here you can find further helpful resources.
- Here you can find out more about how to report a data breach.
- Find out how to make an address data breach claim.
- Check if you could claim for a passport data breach here.
References.
- Find out how to access official information from a public body in this ICO resource.
- You can read more about data protection legislation here.
- View the Local Government Association data protection policy here.
If you have been impacted by any of the circumstances involved in this guide, please contact our team. An advisor can provide further information on government data breach claims.