When you are the victim of a passport data breach, it can be an extremely stressful situation. You may feel overwhelmed and uncertain as to how you should proceed, but you can read this guide to find out what you can do and if you can claim compensation.
Key Takeaways
- If someone did not follow data protection laws and this caused harm, then you could be entitled to claim compensation.
- The compensation can be for financial losses as well as the psychological impacts caused by the data breach.
- There are various ways that your data could be breached.
- The expert data breach solicitors on our panel could help you claim on a No Win No Fee basis.
Contact our advisors if you have any questions whilst you read our guide:
- Call 020 8050 3051
- Contact us online.
- Use the live message pop-up on this page
Browse Our Guide
- Can I Make A Passport Data Breach Claim?
- Does My Passport Contain Personal Data?
- Passport Data Breach Examples
- How Could A Data Breach Impact You?
- Compensation In Passport Data Breach Claims
- How Can Our Panel Of Solicitors Help You?
- Learn More About Making A Compensation Claim
Can I Make A Passport Data Breach Claim?
If you wish to claim for a passport data breach, you must be able to prove that:
- The organisation handling your passport data did not follow data protection laws, such as the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR)
- This led to a breach of your personal data (which we define in the following section)
- Said breach caused you direct harm (we expand upon this in a later section)
A data controller may handle your data. This term refers to any organisation that decides how or why your data is processed. Data processors then process the data according to the controller’s instructions.
UK GDPR and the DPA mean that data controllers and processors must follow the data protection principles. Consequently, they must handle your data in a way that is:
- Accurate and up-to-date
- Confidential
- Accountable
- Lawful, fair and transparent
- Minimal and purposeful
- Stored for a certain amount of time
If an organisation has breached GDPR or the DPA when handling your data, you could be eligible to claim. Our advisors are happy to help if you are still unsure. Why not contact them today to find out more information about claiming for a passport data breach claim?
Does My Passport Contain Personal Data?
As a government document that is used to allow legal travel between countries, your passport must include some of your details. Personal data refers to information that could be used to identify you. This could be done with the information on its own or in combination with other data. The personal data on your UK passport includes your:
- Full name
- Date of birth
- Postal address
- Postcode
What Is Special Category Data?
The Information Commissioner’s Office (ICO) is the public body in the UK that is responsible for enforcing laws relating to data protection. It defines special category data as sensitive information that requires additional protection. This data relates to a person’s :
- Biometric details or genetics
- Sex life or sexual orientation
- Ethnic origin or race
- Religious or spiritual beliefs
- Trade union membership
- Medical information
- Political opinions
Your passport contains some of these pieces of information, so it can be extremely worrying when you don’t know who has access to it. If you are unsure whether your personal or special category data has been breached, you can speak with one of our advisors. They can provide you with further details and tailor their advice to your specific experience.
Passport Data Breach Examples
Many different examples of data breaches that you could claim compensation for. Specifically, your passport details could be breached when:
- You submit a passport application and ask for your passport to be posted to you. However, HM Passport Office sends the passport to an address other than the one you provided. This human error means that an unauthorised person could now hold your data. This would also apply if they sent a letter with your passport details to the incorrect address.
- You book a flight and submit your passport details to the airline. However, the airline has not implemented the latest updates to its cybersecurity systems. This allows cybercriminals to launch a cyber attack and access your passport information.
- You provide a travel agent with your passport details. An employee at the travel agent opens a phishing email which downloads a virus onto the system. Cybercriminals are then able to steal your passport details.
This is not an exhaustive list, so if your circumstances do not match with these scenarios, you do not need to worry. Contact an advisor today and they can let you know if you could proceed with a passport data breach claim.
How Could A Data Breach Impact You?
When you are the victim of a data breach, it can have a serious impact on your mental health. For example, you may feel anxious about who has access to your details and what they could be used for. It can also exacerbate mental health conditions such as PTSD, which can be extremely hard to live with.
If you are concerned that you passport details were breached, you may wish to report the breach to the ICO. They can investigate the nature of the breach and potentially provide findings that could lend evidence to your claim for compensation.
The Financial Impacts Of A Data Breach
Additionally, you may experience a financial impact due to the breach. This could include:
- Lost income- you may need to take time off work to recover from psychological harm
- The cost of therapy- you could need therapy to treat the psychological harm caused by the breach
- The cost of relocation- your worries regarding who has your address details may require you to move house
Please note that you will need to provide evidence of the breach and its costs to you. We recommend that you keep any relevant receipts, notification letters, bank statements, or payslips, as they could be important if you choose to proceed with a passport data breach claim.
Compensation In Passport Data Breach Claims
Your passport data breach claim can include compensation for non-material damage, which covers the psychological harm you have suffered due to the breach. Your solicitor may refer to the Judicial College Guidelines (JCG) to evaluate this part of your compensation.
The JCG is a guide that pairs compensation figures with the relevant types and severities of injury. The table below includes some of its figures.
Please be aware that these figures do not guarantee the level of compensation you may be owed. Each data breach claim is different and must be assessed accordingly.
If you would like a free case assessment, contact one of our advisors. They can consider your case in further detail and give you a better idea of the compensation you may receive.
The JCG did not provide the first figure in this table.
| Type of injury | Severity | Compensation Bracket | Notes |
|---|---|---|---|
| Severe psychological suffering with financial losses | Severe | Up to £500,000+ | This bracket covers those who have experienced severe levels of psychological injury, as well as financial losses |
| General Psychological Damage | Severe | £66,920 to £141,240 | Poor prognosis and difficulties coping with daily life |
| Moderately Severe | £23,270 to £66,920 | More optimistic prognosis but still finds difficulties in daily life | |
| Moderate | £7,150 to £23,270 | Good prognosis, some issues in daily life but condition improved | |
| Less Severe | £1,880 to £7,150 | Compensation impacted by how long claimant is disabled by the condition and how much their daily life and sleep was affected | |
| Post-Traumatic Stress Disorder | Severe | £73,050 to £122,850 | Permanent effects which prevent the person from working or functioning as they did before they the condition started |
| Moderately Severe | £28,250 to £73,050 | Better chance of recovery but still will experience significant disability long-term | |
| Moderate | £9,980 to £28,250 | Claimant will be mostly recovered and will not experience major disability | |
| Less Severe | £4,820 to £9,980 | Mostly full recovery within one to two years with only minor symptoms persisting |
What Is Material Damage Compensation?
The other type of damage that you can claim compensation for is material damage. This allows you to recover the costs incurred for the financial impact you have suffered due to the breach. We covered some examples in the previous section.
If you have any queries about what your compensation may cover, why not contact an advisor? They have experience in handling data breach claim queries and may be able to connect you to one of the solicitors from our panel.
How Can Our Panel Of Solicitors Help You?
Our panel of solicitors can help you to proceed with a passport data breach claim by:
- Filing your claim within the necessary time limit
- Collating evidence for your claim
- Corresponding with the defendant on your behalf
- Negotiating the settlement of your compensation to include relevant material and non-material damage
What Is A No Win No Fee Agreement?
If you choose to work with one of the solicitors from our panel, they could offer you a Conditional Fee Agreement (CFA). This means that they would represent you on a No Win No Fee basis. Consequently, you would not need to pay fees to your solicitor for their fees:
- Before the start of the claim process
- While the claim is proceeding
- If you are not successful in gaining compensation
If you do receive compensation, you will need to pay your solicitor a success fee. This is a legally capped percentage of your compensation that covers your solicitor’s work.
You can contact an advisor, and they could potentially pass on your claim to our panel of solicitors. You could find yourself one step closer to gaining compensation, so why wait?
Learn More About Making A Compensation Claim
You can also take a look at our other guides:
- Find out about how to claim for a hospital data breach
- Learn about bank data breaches
- Find out what to do if a GP breaches your data
For further information, you can:
- Visit this page to report a data breach the ICO
- Read the NHS’s advice for treating PTSD
- Check out the National Cyber Security Centre’s advice for individuals and families impacted by a data breach.
Thank you for reading this guide on how to claim for a passport data breach.
