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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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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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