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30 June 2023
Issue: 8031 / Categories: Case law , In Court , Law digest
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Law digests: 30 June 2023

Data protection

R (on the application of the3million and another) v Secretary of State for the Home Department and others [2023] EWHC 713 (Admin), [2023] All ER (D) 15 (Apr)

The Administrative Court ruled on the legality of statutory restrictions on data protection rights in the context of immigration control. The judicial review was a challenge to the government’s second attempt to produce an immigration exemption from the UK’s General Data Protection Regulation (the UK GDPR), which was the retained version of the EU’s GDPR (Regulation 2016/679), with certain amendments. The claimants contended that, following the first judicial review in which the government’s initial attempt to produce an immigration exemption had failed, the exemption still did not meet the requirement of being a ‘legislative measure’, necessary for compliance with Art 23 of the UK GDPR; and/or that the immigration exemption still did not comply with the mandatory requirements in Art 23(2) of the UK GDPR, because it omitted necessary substantive and procedural safeguards. The court allowed the claim, in part, ruling

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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