The Department for Work and Pensions (DWP) is the largest central government department. It is responsible for administering state pensions, benefits to those in and out of work or with disabilities and provides support to those looking for work. To carry out these roles, it must hold and process millions of people’s personal details and data, doing so in accordance with data protection legislation. If they failed to adhere to data protection laws, you could suffer harm. DWP data breach claims allow those harmed to seek compensation.
Key Takeaways
- There were 1,976 data security incidents reported across central government between 2019 and 2024.
- Of these, 120 were cyber incidents, with a further 1,856 non-cyber incidents.
- Our research shows that there were 400 data breaches at job centres in 2024.
- You may have as little as 1 year to file a claim.
- A No Win No Fee solicitor from our panel could help you to make a government data breach claim.
To claim compensation for a DWP data protection breach, please,
- Call one of our advisors on 020 8050 6279.
- Chat to us online about your case.
- Contact us by completing our form.
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
Jump To A Section
- Can I Claim Compensation For A DWP Data Breach?
- DWP Data Breach Claims Payout Amounts
- What Do I Need To Claim DWP Data Breach Compensation?
- Do DWP Data Breaches Happen Often?
- How Can I Know If My DWP Data Was Involved In A Breach?
- How Long Is The DWP Data Breach Claims Time Limit?
- No Win No Fee Compensation Claims For DWP Data Breaches
- Learn More
Can I Claim Compensation For A DWP Data Breach?
Yes, you could be eligible to claim compensation for a DWP data breach if you can show that the breach caused you psychological distress or financial losses. A breach is an incident involving the accidental or unlawful destruction, loss, alteration, disclosure of or access to personal data.
There are two parties who may be involved in handling and processing personal data. These are data processors and data controllers.
- A data controller may be a public authority, agency, natural or legal person who (alone or with others) determines how and why personal data is processed.
- A data processor is one of the types of parties identified above, but who processes data on behalf of the controller. If different to the data controller, they are appointed by them to process data on their behalf.
Government departments, such as the Department for Work and Pensions (DWP), may act either as a data processor, data controller, or as both. Whether acting as a processor or controller, the DWP must comply with relevant legislation. This includes the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).
DWP data breach claims must meet three main criteria. These are,
- The DWP (acting as a data processor or controller) failed to adhere to data protection legislation.
- Your personal data, such as universal credit information or national insurance numbers, was involved in the above breach. This may be due to wrongful conduct or a lack of appropriate security measures.
- The breach caused you to suffer financial losses, experience psychological harm, or both.
Please get in touch with our team to learn more about government data breach claims.
DWP Data Breach Claims Payout Amounts
A personal data breach claim where the person harmed was left with severe psychiatric damage could be awarded between £66,920 and £141,240 for the emotional distress experienced. This compensation bracket comes from the Judicial College Guidelines (JCG), which is a resource that data breach solicitors may refer to when valuing your case.
However, DWP data breach claims payout amounts vary from case to case and are individually assessed and calculated. This is because separate data breach incidents may impact people in different ways.
Additionally, a personal data breach claim could be awarded compensation for non-matieral damage and material damage.
- Non-material damage deals with the psychological or psychiatric impact that a breach has had on you.
- Material damage deals with certain financial losses connected to the breach.
Below, we have created a table using applicable compensation brackets from the JCG. We must note that the first row was not taken from the JCG and these figures are not guaranteed.
| Harm | Severity | Notes | Damages |
|---|---|---|---|
| Multiple forms of harm with material damage added. | Severe psychological harm. | Multiple and severe forms of harm, with material damage. | Up to £500,000+ and material damage for financial losses. |
| Psychiatric damage. | Severe - A. | The claimant has marked problems across all aspects of their life, from work to relationships and social life. | £66,920 to £141,240. |
| Moderately severe - B. | Whilst the same areas of life are impacted, the prognosis is more optimistic. | £23,270 to £66,920. | |
| Moderate - C. | Again, the person may have faced similar problems, but with a marked improvement. | £7,150 to £23,270. | |
| Less severe - D. | Damage will take how long any disability lasted into account. | £1,880 to £7,150. | |
| Post-traumatic stress disorder. | Severe - A. | Severe cases involve permanent effects, preventing the person from working as well as all other parts of their life. | £73,050 to £122,850. |
| Moderately severe - B. | Whilst similarly impacted, the person has a better prognosis. | £28,250 to £73,050. | |
| Moderate - C. | The person has largely recovered. If there are still any effects, these will not be grossly disabling. | £9,980 to £28,250. | |
| Less severe - D. | The person will have made or will make a virtually full recovery. | £4,820 to £9,980. |
We Can Help With Your Claim
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Can I Be Compensated For Material Damage?
Yes, you could be compensated for your material damage in addition to those for different forms of mental harm, such as distress. Material damage refers to financial losses connected to the breach.
For example, as a result of a personal data breach, you could seek compensation for the following financial damage,
- Medical expenses: including the cost of therapy, psychiatric treatment or prescription medication.
- Personal and home security expenses: the disclosure of your personal information, including your special category data could place you in danger. You may have had to pay for home and/or personal security.
- Relocation costs: if the above concerns were significant enough, you may have had to relocate.
Additionally, you may have had to take time off work, had to change your duties or be unable to return to work. You may be able to claim for lost income and earnings as well as lost workplace benefits. In some instances, loss of income and workplace benefits may form the bulk of a data breach compensation award.
Data breaches could have a wide range of effects on a person’s life. Please get in contact with an advisor to learn more about how DWP data breach claims may be valued.
What Do I Need To Claim DWP Data Breach Compensation?
To claim DWP data breach compensation, you will need to provide sufficient evidence that shows your case meets the criteria set out earlier in this guide. To claim for a data breach, you can provide evidence such as,
- The data breach notification letter.
- Any data breach reports from or investigations carried out by the Information Commissioner’s Office (ICO).
- Details of what personal data was impacted by the breach.
- Medical records that detail any psychological harm caused, its symptoms and the impact of this on you.
- Records of any financial losses, such as credit card and/or bank statements.
- A copy of any (relevant) correspondence between you and the DWP or a data processor acting on their behalf.
Should I Report A DWP GDPR Breach To The ICO?
You could report a DWP UK GDPR breach to the ICO if you have been informed through a notification letter or if you suspect that a breach has occurred. The ICO is the Information Commissioner’s Office. This is the regulator responsible for upholding data protection rights in the UK. Whilst they can fine organisations, they can not issue you with compensation.
You have three months from the last meaningful communication with the DWP (or other relevant party) to make a complaint to the ICO. Beyond this, they may choose not to investigate the matter.
Do DWP Data Breaches Happen Often?
Data breaches do affect both the DWP, other government departments and public service providers. As seen in the statistics and resources presented at the beginning of this guide. Our research alone shows that there were almost 400 data breaches affecting the JobCentre Plus network in 2024.
Please contact an advisor for more information on data breaches impacting the DWP.
How Can I Know If My DWP Data Was Involved In A Breach?
There are several ways you may know if your DWP data has been involved in a breach. Furthermore, an organisation should inform the ICO within 72 hours of their detecting a breach. The ICO may wish to conduct an investigation into the breach.
The DWP (or a relevant third party, such as a data processor) should also send you a notification letter (sent either as a physical copy or email) informing you that your data has been impacted. The data breach notification should include;
- Details about the breach such as who was affected, how it happened and what data may have been affected.
- Steps the organisation is taking to deal with the situation.
- Contact details for the organisation’s data protection officer.
The following may also be signs that your data has been involved in a breach,
- Suspicious phone calls, emails or other forms of messaging. This may include phishing emails or calls.
- Missing finances or incorrect amounts on financial statements.
- Unusual activity on online accounts, including social media accounts.
- Password and login issues with (online) accounts.
If they have not already notified you, any suspected data breach should be reported to the organisation which may be involved. They should then reply to you within 3 months. If they do not do so, you may make a complaint to the ICO.
Please contact an advisor if you believe your personal or sensitive data has been involved in a breach.
How Long Is The DWP Data Breach Claims Time Limit?
The DWP data breach claims time limit is typically between 1 and 6 years. Whilst the standard limitation period is 6 years, in the case of data breach claims involving public bodies, this can be reduced to 1 year. Further to this, there may be some exceptional circumstances in which the time limit may vary from this.
Because the time limit to file your claim may be as little as 1 year, it is important to ensure you take action as soon as possible. If you do not do so, you may lose your right to file a claim.
Our advisors are on hand to assess your case and to help you file a personal data breach claim.
No Win No Fee Compensation Claims For DWP Data Breaches
You could make a No Win No Fee compensation claim for a DWP data breach with a solicitor from our panel. Using a Conditional Fee Agreement (CFA), a solicitor could provide their services on a No Win No Fee basis. Please be aware that this only refers to charges for the solicitor’s work.
The CFA will set out the terms and conditions under which the solicitor will work on your case, as well as when and how you will pay any solicitor’s fees. The benefits of a CFA include;
- No charges for the solicitor’s work on your case prior to its successful conclusion.
- No charges for the solicitor’s work if your case is unsuccessful.
If you win, your solicitor will deduct a success fee from your compensation. The fee is charged as a legally capped percentage of your compensation. Details of the success fee, how it may be charged and the percentage charged will be set out in your CFA. This means there are no surprises at the end of your case.
There are further benefits to working with a data breach solicitor from our panel. These include,
- A clear explanation of the different types of damage you could claim for.
- An explanation of your rights as a data subject and the data controllers or data processor’s obligations to you.
- Help understanding how the personal data breach claims process works.
- An assessment of the value of your claim.
- Help accessing mental health and other relevant services.
- Negotiating with the defendant to successfully resolve your case.
Get In Touch With Data Breach Claims
Get in touch with Data Breach Claims today for more information. Find out how a No Win No Fee solicitor from our panel could help with DWP data breach claims by,
- Calling an advisor now on 020 8050 6279.
- Clicking here to contact us.
- Chatting with an advisor online below.
Learn More
Learn more about data protection laws, privacy and making a claim in these resources.
- Learn what to do if impacted by an address data breach in this guide.
- Find out if you could claim if a letter was sent to an old address by the DWP.
- Read how email data breach could impact you and how to make a claim here.
References.
- Get guidance and advice from the National Cyber Security Centre here.
- Find out about NHS mental health services in this resource.
- Click here to request your personal information from the DWP.
Thank you for reading our guide to DWP data breach claims. Get the answers to any other frequently asked questions by contacting an advisor.