Updated 30 March 2023: HIGH COURT RULES MIGRANTS’ DATA RIGHTS MUST BEPROTECTED
A High Court judge has agreed with Open Rights Group and the3million that the immigration exemption in the UK Data Protection Act 2018 is incompatible with General Data Protection Regulation (GDPR).
It is the second time that ORG and the3million have taken the government to court over the immigration exemption, which allows the Home Office and private companies to refuse requests by individuals for access to personal data held about them on the grounds that it might âprejudice the maintenance of effective immigration controlâ. This denial can cause life-changing harms by preventing migrants from being able to challenge mistakes in the data that is held about them, and therefore being unable to effectively challenge immigration decisions. For example, an asylum-seeker who has been refused by the Home Office needs access to their personal data to effectively lodge an appeal. Application of the immigration exemption, and the withdrawal of that access, could result in genuine asylum-seekers being deported back to countries where they face a real risk of persecution and serious harm.
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