Lexis®Library update: The EU GDPR has now been replaced by the UK General Data Protection Regulation (UK GDPR) following the end of the Brexit transition period, but the court noted that the UK GDPR has the same legal status in the UK today as the EU GDPR had before that date and that differences between Article 23 of the EU GDPR and UK GDPR were not material.
The decision was welcomed by the3million, a campaign organisation for EU citizens in the UK, and by the Open Rights Group.
Sahdya Darr, Open Rights Group’s Immigration Policy Manager said 'This is a momentous day. The Court of Appeal has recognised that the Immigration Exemption drives a huge hole through data protection law, allowing the Government to deny access to information that may be being used to deny people their rights. If the Government holds information about you, it should only be in the most exceptional circumstances that it is denied to you, such as during a criminal investigation. Treating all immigrants like criminals and suspects is simply wrong.'
The question of what relief should follow the court's decision will be the subject of separate argument.
Further analysis of this decision will follow.
Source: Immigration Exemption judged unlawful, excessive, wrong by Court of Appeal
This content was first published by LNB News / Lexis®Library, a LexisNexis® company, on 26 May 2021 and is published with permission. Further information can be found at: www.lexisnexis.co.uk.
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