header-logo header-logo

27 May 2021
Categories: Legal News , Immigration & asylum , Data protection , EU
printer mail-detail

LNB News: The3million and others welcome Court of Appeal's judgment that UK immigration exemption is unlawful

On 26 May 2021 the Court of Appeal unanimously ruled in R (on the application of Open Rights Group and another) v Secretary of State for the Home Department and another (Liberty and another intervening) [2021] EWCA Civ 800 that the so-called 'immigration exemption' in paragraph 4 of Schedule 2 to the Data Protection Act 2018, which restricts certain data subject rights, was incompatible with Article 23 of the EU's General Data Protection Regulation (EU GDPR). 

Lexis®Library update: The EU GDPR has now been replaced by the UK General Data Protection Regulation (UK GDPR) following the end of the Brexit transition period, but the court noted that the UK GDPR has the same legal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.

MOVERS & SHAKERS

Excello Law—Stephen Morrall

Excello Law—Stephen Morrall

Excello welcomes Stephen Morrall to Anglo-German team

Lawfront—Peter Martin-Simon

Lawfront—Peter Martin-Simon

Lawfront appoints new Chief Executive Officer to steer the business through the next phase of growth

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

NEWS
Lawyers have warned senior managers against complacency as the Financial Conduct Authority (FCA) non-financial misconduct (NFM) rules come into force
Landlords cannot rely on minor procedural defaults to defeat leaseholders’ right to manage (RTM) claims, the Supreme Court has held
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
back-to-top-scroll