Last Updated 13th October 2025. If your passport data has been exposed in a breach, you could be entitled to make a passport data breach claim for the harm you’ve suffered. This can include both financial losses—such as fraudulent transactions or identity theft—and emotional distress caused by the loss of your personal information.
You should start by contacting the organisation responsible to raise the issue directly. If their response doesn’t resolve the problem, you can report the matter to the Information Commissioner’s Office (ICO), which can investigate whether data protection laws were broken. However, it’s important to note that the ICO cannot award compensation.
To pursue damages for your losses, you may need to take legal action against the organisation responsible. That’s where we can help here at Legal Expert.
Our specialist data breach solicitors can assess your case, explain your options, and help you claim the compensation you deserve for a passport data breach on a No Win No Fee basis. Contact us today for free, no-obligation advice by clicking below:
4.8 (466 reviews) Key Takeaways
- You may be able to make a claim if you suffer financial and/or psychological harm because an organisation failed to comply with data protection laws.
- If your data breach claim succeeds, you might receive compensation for certain financial losses and/or the psychological harm you endured.
- Your data breach claim will need supporting evidence.
- Human error and deliberate acts can be responsible for passport data breaches.
- Our expert solicitors can help you claim through a No Win No Fee agreement.
What Is A Passport Data Breach?
A passport data breach could be a breach that has involved your passport or passport details in some way. It could also include if there is a data security incident at the HM Passport Office.
For example, suppose an organisation had your details because you were in the process of renewing your passport. If your personal data was stolen because it was left out in the wrong place, and you were harmed in some way as a result, you could potentially claim compensation.
The Information Commissioner’s Office (ICO) is the UK’s independent body that upholds information rights. According to their definition, a personal data breach is a breach of security that leads to the loss, unlawful destruction, alteration, access to, or unauthorised disclosure of, personal data. These could be accidental or deliberate and unlawful incidents, such as cybercrime.
To be eligible to make a data breach claim, you must prove that:
- A breach occurred because an organisation failed to comply with data protection laws.
- The passport data breach led to your personal information being compromised.
- You were resultingly harmed, financially or psychologically (or both).
Article 4 of the UK General Data Protection Regulation (UK GDPR) defines personal data as any information relating to an identified or identifiable natural person. This includes information that can be used to identify a data subject (such as yourself) directly or indirectly. The UK GDPR, along with the Data Protection Act 2018, are the key pieces of legislation that protect the personal data of British citizens.
Personal data includes your name, email address, and passport number. Your passport might also contain biometric information. Due to its sensitivity, this type of information is termed special category data and is given additional protections under the UK GDPR.
How Do You Check If You Were Affected By A Passport Data Breach?
Sometimes, if a data breach occurs, you may be notified by the organisation involved in the incident. If they are aware of the breach and believe it might affect your rights and freedoms, they are obligated to inform you of it without ‘undue delay.’ They also must report the incident to the ICO within 72 hours.
You may also discover your passport data breach by noticing the consequences. For example, you might start to receive suspicious messages asking you to click on links or disclose further personal information.
Contact our advisors today to find out more about how you could claim if you were affected by a data breach.
4.8 (466 reviews) Passport Numbers – What Can Someone Do With Your Passport Number?
Someone with your passport number can potentially use the information to impersonate you and engage in criminal activity. For instance, they might use this personal data to commit phishing attacks or even try to forge a passport.
Call our advisors if you would like to know more about the potential impact of a personal data breach involving passports. Our team is available 24/7, so you can always be sure you’ll get a quick response to your questions.
Is There A Responsibility To Record Lost Documents?
As mentioned, if there is a data breach that infringes on the freedoms or rights of the data subject (you), the organisation must report the breach to the ICO within 72 hours. Organisations such as HM Passport Office may also record the loss on a security log.
Compensation For A Breach Of Data Protection – Passport Data Breach Claims
Compensation for a breach of data protection can consist of:
- Non-material damage: The psychological harm you suffered because of a passport data breach, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
- Material damage: The financial loss resulting from a breach.
Below, you can find some examples of psychological harm taken from the Judicial College Guidelines (JCG). This is a document that publishes suggested brackets for data breach compensation, which can be helpful to solicitors when assessing a claim.
Please note that the top figure in the table isn’t from the JCG, and none of these brackets are a guarantee of compensation as every case is unique.
| Injury | Severity | Amount |
|---|---|---|
| Multiple severe types of harm plus financial losses (such as lost earnings) | Severe | Up to £250,000+ |
| Psychiatric damage generally | Severe | £66,920 to £141,240 |
| Moderately severe | £23,270 to £66,920 | |
| Moderate | £7,150 to £23,270 | |
| Less severe | £1,880 to £7,150 | |
| PTSD | Severe | £73,050 to £122,850 |
| Moderately severe | £28,250 to £73,050 | |
| Moderate | £9,980 to £28,250 | |
| Less severe | £4,820 to £9,980 |
4.8 (466 reviews) As mentioned, it is also possible to claim for certain financial losses, such as:
- Past and future loss of earnings.
- Investing in additional security for your home.
- The cost of relocating to a new address.
- Counselling or therapy expenses if you suffered psychological harm because of the data breach.
In order to claim for these losses, you must be able to provide evidence. As such, it can be a good idea to keep any bank statements or invoices that are relevant to your personal data breach claim.
Contact our team today to find out how one of our solicitors could help you claim compensation.
How Could A Passport Data Breach Happen?
As we have stated, a passport data breach can happen if an organisation does not meet their obligations, as set out by the UK’s data protection laws. Below, we have provided some useful examples showing how such a failure can lead to valid passport data breach claims. These may help you to answer the question, ‘Can I claim for a passport data breach?’
- An employee at the Passport Office leaves your application unattended on a desk. That failure allows an unauthorised person to take the documents, meaning that they now have access to your personal information, including your home address and full name. Not knowing who has access to your data causes you to suffer severe anxiety.
- The passport office fails to regularly update its online security systems. That inaction leaves it vulnerable to a cyber attack, whereby cybercriminals steal your personal data. You receive threatening letters to your home address, meaning that you have to relocate.
- A travel agent accidentally emails your passport details and personal data to a different email address than the one you provided. This leads you to develop PTSD.
Get in touch with our advisors today to find out if you can make a claim for passport data breach compensation. They will assess the specifics of your case and advise you on how to sue for a passport data breach.
Start Your No Win No Fee Passport Data Breach Claim Now
You don’t need to hire legal representation to start a claim, but we always recommend it. Hiring a lawyer could give you a better chance for success, as they will have a deep understanding of the claims process to expertly guide you through every step.
Our solicitors can offer their services on a No Win No Fee basis under the terms of a Conditional Fee Agreement (CFA). That means:
- Not having to pay any solicitor fees upfront.
- No solicitor fees appearing during the claims process.
- Zero solicitor fees to pay for the work done on your claim if you don’t win.
If the claim wins, then your solicitor will deduct a success fee from your compensation as payment for their work. However, you’ll keep most of the compensation as the percentage that is taken is legally capped.
Whether you’re ready to claim or would like further guidance, please contact us today to speak with an advisor. Our team are available 24/7 to offer free legal advice personalised to your claim and possibly connect you with one of our specialist solicitors. Get started using the details below:
4.8 (466 reviews) Frequently Asked Questions (FAQ)
Below, you can find answers to some common questions on passport data breach claims.
How Could My Passport Data Be Exposed?
Passport data may be compromised through cyberattacks, phishing emails, lost or stolen documents, system misconfiguration, or accidental disclosure, such as sending passport scans to the wrong person. It can also happen if data processors fail to encrypt information or use insecure servers. When a breach happens, the organisation responsible may have failed in its legal duty to protect personal data.
Who Can Be Held Responsible For A Passport Data Breach?
Responsibility usually lies with the data controller, which is the business or organisation that decides how and why your passport data is processed. In some cases, a data processor, such as an IT or payroll company, may also be liable if their handling caused the breach. The Information Commissioner’s Office (ICO) can investigate whether proper safeguards were in place, but compensation claims must be made directly against the responsible party.
What Should I Do Immediately After Discovering A Passport Data Breach?
Act quickly to protect yourself. We recommend following these steps:
- Contact the organisation involved and ask what data was affected.
- Change passwords and secure linked accounts.
- Inform your bank and consider registering with CIFAS to prevent identity fraud.
- Notify the ICO within three months of your last contact with the organisation if you are unhappy with their response.
What Legal Rights Do I Have Under The UK GDPR?
Under Article 82 of the UK GDPR, you have the right to claim compensation for both material damage, such as financial loss, and non-material damage, such as emotional distress. The Data Protection Act 2018 strengthens this right for UK residents. Courts recognise that emotional harm, including anxiety, stress, and loss of control over your personal data, can justify compensation.
Can I Claim Compensation For Emotional Distress?
Yes. Even if you have not suffered financial loss, you may still claim for the distress caused by your personal information being exposed. The courts have confirmed that emotional harm alone can justify a compensation award. The amount depends on how seriously the breach affected your mental wellbeing, privacy, and quality of life.
How Long Do I Have To Start A Passport Data Breach Claim?
You normally have six years from the date of the breach to start a claim, or one year if you are claiming against a public body. The time limit may start from the date you became aware that your data was compromised, known as the date of knowledge. This is especially relevant if the breach was not discovered immediately.
Can I Still Claim If The Breach Happened Abroad?
Yes. If your passport data was processed by a company based outside the UK but offering services to UK residents, UK GDPR may still apply. Cross-border breaches are covered when the data controller provides goods or services to people in the UK. Legal Expert can help you determine which jurisdiction applies and whether the claim is enforceable under UK law.
What If My Passport Data Was Leaked On The Dark Web?
If your passport details have appeared on the dark web, the risk of identity theft increases. This evidence can support your claim by showing ongoing harm. Keep records of notifications from data-monitoring services and report any suspicious activity to your bank or the police. Legal Expert can help prove the connection between the breach and the organisation responsible.
How Do I Prove That A Passport Data Breach Caused Me Harm?
Evidence is key. Keep copies of any letters or emails from the organisation or ICO confirming the breach, bank statements showing fraudulent activity, and medical reports describing stress or anxiety. Screenshots of dark web alerts and identity theft notifications can also support your case. These documents help demonstrate that the data breach directly caused measurable harm.
What Are The First Steps In Making A Passport Data Breach Claim?
The process usually follows these stages:
- Initial consultation to confirm the breach and review your evidence.
- Letter of claim sent to the data controller or processor.
- Negotiation to reach a fair settlement.
- Court proceedings if liability is disputed.
Who Investigates Passport Data Breaches?
The Information Commissioner’s Office (ICO) investigates data breaches across the UK. It can issue enforcement notices and fines where organisations have broken data protection law. However, the ICO does not award compensation, so you must take separate legal action. ICO findings can still serve as valuable evidence for your claim.
What Happens If The Organisation Responsible Is Insolvent Or Closed?
If the business responsible has closed or become insolvent, you may still be able to claim through its insurer or parent company. Data protection insurance policies often remain valid for breaches that occurred during the insured period. Legal Expert can help trace insurers or connected companies so that compensation can still be recovered.
Can I Make A Group Claim For A Passport Data Breach?
Yes. If many people were affected by the same incident, such as a system hack or accidental mass email, a group claim may be possible. Group actions allow multiple claimants to pursue compensation together, sharing evidence and reducing legal costs.
How Long Does A Passport Data Breach Claim Take To Settle?
Straightforward cases may settle in a few months if the organisation accepts responsibility early. More complex claims, such as those involving serious psychological harm or financial loss, can take between six and eighteen months. Working with an experienced solicitor can help achieve a faster and fairer resolution.
How Can Legal Expert Help Me?
Legal Expert’s data breach solicitors have extensive experience helping clients claim compensation for lost, stolen, or leaked personal data. We can assess your case for free, gather the necessary evidence, and handle all negotiations with the organisation or its insurer. Our No Win No Fee service means you pay nothing upfront and no legal fees unless your claim succeeds.
Further Reading
For further reading, please see some of our other guides below:
- Get more information on your rights after your personal data is lost with our helpful guide.
- Advice on what to do after a solicitor data breach.
- Learn how to make a social services data breach claim and find out how a solicitor could help you.
External resources that may also be helpful:
- Government guidance on making a data protection complaint.
- Findings on cyber security breaches in 2024.
- Read about the work of the National Cyber Security Centre.
Please get in touch if you have any further questions about passport data breach claims.
