Data rights
The Data Protection Act 2018 grants everyone the fundamental right of access to their personal data. However, an exemption included in the Act by the UK Government has meant that those seeking access to personal data for immigration purposes could be denied if it would “prejudice effective immigration control”.
It has emerged that the Government has used this controversial exemption in response to 60% of its immigration-related data requests.
the3million, together with Open Rights Group, launched a Judicial Review in August 2018, with your support. The case was heard in July 2019, dismissed in October 2019, but brought to the court of appeal in February 2021.
In May 2021, the court of appeal unanimously found that the UK immigration exemption is unlawful, excessive and wrong.
The judgment is a huge win for the Open Rights Group, the3million and their legal team at Leigh Day.
The Government have created draft laws to change the immigration exemption in reaction to the court’s decision. Unfortunately, these changes are, in our opinion, not compatible with the GDPR and still undermine our data rights.
The draft law is currently being considered by parliament. We, the3million and ORG, have written to the committee responsible for scrutinising this legislation setting out our concerns. You can read them here.
The legislation will also be considered by both the House of Commons and Lords at other stages before the end of the month and we will continue to make the case for why these changes are incompatible.
This exemption affects all foreign nationals living in the United Kingdom. Millions of EU citizens have had to navigate the settled status application process to stay in the UK, handing over personal data to the Home Office to determine whether they have a right to remain . They and other people involved in immigration cases risk being denied full access to their personal data, and if any dispute arose this denial would happen exactly when they need it most.
Rights are meant to be universal, so when we apply them selectively it undermines the whole system and makes everyone vulnerable.
