header-logo header-logo

31 March 2022
Issue: 7973 / Categories: Legal News , Immigration & asylum
printer mail-detail

Phone & data seizure ruled unlawful

The Home Secretary unlawfully seized more than 2000 mobile phones from asylum seekers and extracted vast amounts of data, the High Court has held

The three claimants arrived on small boats between April and September 2020. They were immediately searched by immigration officers, had their mobile phones seized and retained and were ordered to provide their PIN under threat of criminal penalties. This was done as part of a blanket and unpublished Home Office policy.

The Home Secretary initially denied the policy existed but later admitted it did. She argued the Immigration Act 2016, s 48 empowered her to search arrivals, seize phones and extract data, but later conceded the policy was unlawful, and informed the court she self-referred to the Information Commissioner’s Office in July 2021 for breaching data protection law.

Ruling in R (HM) v Home Secretary [2022] EWHC 695 (Admin), Lord Justice Edis and Mr Justice Lane held the policy was unlawful and breached data protection and human rights laws (Art 8). They held s 48, Immigration Act 2016 could not be used to carry out personal searches, and also rejected Home Office arguments at trial that the phones had been seized under para 25B of Sched 2 of the Immigration Act 1971 (items that could present a danger or assist a person to escape). They stopped short of ruling further on data protection issues since the Information Commissioner’s Office is now investigating the matter. A further hearing will now take place to decide remedies and consider breaches of the Home Secretary’s duty of candour.

Clare Jennings, director, Gold Jennings, representing HM, said: ‘But for this litigation the Home Secretary’s policies would have remained shrouded in secrecy, including the fact that for many months the entire contents of a person’s mobile phone―text messages, photographs, contacts etc―were being extracted and possibly shared with third parties.’

Daniel Carey, partner, Deighton Pierce Glynn, representing KH and MA, said: ‘All of this had real impacts on very vulnerable people, who lost touch with their families and couldn’t get their asylum documentation, while the phones languished on a shelf for many months, many which now cannot be returned.’
Issue: 7973 / Categories: Legal News , Immigration & asylum
printer mail-details

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll