“Immigration exemption” ruled unlawful under GDPR
When the “immigration exemption” became law as part of the 2018 Data Protection Act, it threatened the data rights of all UK residents, including British citizens. Open Rights Group and the3million responded by taking the Government to court.
We argued before the UK High Court that the exemption, used by the Home Office to deny people access to their personal data, is far too broad and imprecise. Administrative errors are notoriously common in immigration cases, but if residents can’t access their own data they’ll have little chance of overturning mistakes.
In October 2019 the judge ruled against our challenge, but we succeeded in pushing the Home Office to reveal it used the exemption in 60% of immigration-related requests for data. The Home Office also pledged to inform all future data subjects whenever they use the exemption.
Victory on appeal!
With the help of our supporters, funding for an appeal was raised and on 26 May 2021 the court of appeal unanimously found that the UK immigration exemption is incompatible with Article 23 of the GDPR.
Our work on the immigration exemption has led to the new Immigration, Data and Technology project.
The Story So Far
Government does the bare minimum to update the Immigration Exemption
ORG and the3million took the Government to court several times before the Government accepted that the Immigration Exemption was unlawful.Government disregards Court’s Immigration Exemption ruling
This week the House of Commons and the House of Lords will consider the Government’s proposed legislation regarding amendments to the immigration exemption.Newsletter: Immigration, Data and Technology
Welcome to the May edition of Immigration, Data and Technology!Immigration, Data and Technology newsletter
Welcome to the third edition of Immigration, Data and Technology!Europe cannot rubber stamp the UK’s data laws
The United Kingdom is currently awaiting a decision from Europe on whether it provides adequate standards of data protection.Data & Immigration update – February newsletter
Welcome to the second edition of Immigration, Data and Technology!Newsletter: Immigration, Data and Technology
Happy New Year!Immigration sector privacy concerns
As part of ORG’s work in the area of immigration we have consulted 30 organisations on their priorities and needs.What is at stake with the immigration exemption legal challenge?
The immigration exemption in the Data Protection Act 2018 will remove key data protection rights for everyone in the United Kingdom.The Data Protection Bill’s Immigration Exemption must go
The government has introduced a sweeping “immigration exemption” in Schedule 2, Paragraph 4.More Information
02 December, 2020
Immigration, Data and Technology: Needs and Capacities of the Immigration Sector
This report is based on the findings of a survey launched earlier this year with Privacy International to identify the needs and capacities of migrants’ rights organisations to respond to data, privacy and the use of new technologies.
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28 February, 2018
Open Rights Group and the3million Joint Briefing for Second Reading of the Data Protection Bill in the House of Commons
Joint Briefing1: Second Reading of the Data Protection Bill in the House of Commons
The briefing is also available in pdf format.
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07 December, 2017
Immigration Exemptions: Government Position – Open Rights Group Response
This briefing is a breakdown of the Government’s response in Committee to the debate on Schedule 2 Paragraph 4 which would create an exemption from GDPR provisions to personal data processed for the purposes of “the maintenance of effective immigration control”, or “the investigation or detection of activities that would undermine the maintenance of effective immigration control”.
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07 December, 2017
Joint Briefing: Immigration Exemptions in the Data Protection Bill Need To Be Removed
Open Rights Group and the3million
JOINT BRIEFING: IMMIGRATION EXEMPTIONS IN THE DATA PROTECTION BILL NEED TO BE REMOVED.
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Press Releases
26 May, 2021
Immigration Exemption judged unlawful, excessive, wrong by Court of Appeal
Today the court of appeal has unanimously found that the UK immigration exemption is incompatible with Article 23 of the GDPR.
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03 March, 2021
Documents reveal controversial Immigration Exemption used in 70% of access requests to Home Office
Documents released today by the digital rights organisation Open Rights Group show that a controversial exemption in data protection law in the United Kingdom was used in over 70% of data access requests to the Home Office in 2020.
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03 October, 2019
Open Rights Group and the3million seek to appeal immigration exemption judgment
The organisations argued at the High Court hearing, that took place on 23 and 24 July 2019, that the exemption is far too broad and is contrary to the General Data Protection Regulations (GDPR).
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24 July, 2019
Controversial ‘immigration exemption’ used in 60% of cases, court case reveals
The figure was confirmed on the first day of a High Court challenge brought by the Open Rights Group and the3million.
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22 July, 2019
High Court to hear judicial review of the immigration exemption for data protection rights
The legal challenge has been brought by the Open Rights Group and the3million who argue that the immigration exemption, which passed into law in May 2018 as part of the Data Protection Act 2018, is unlawful.
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30 August, 2018
Open Rights Group and the3million launch judicial review challenging the Data Protection Act’s immigration exemption
The challenge has been brought by Open Rights Group (ORG) – a UK based digital campaigning organisation working to protect the rights to privacy and free speech online and the3million – the largest grassroots organisation of EU citizens living in the UK.
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09 May, 2018
Rights groups to take Government to court over shocking immigration exemption
This exemption will affect everyone involved in an immigration case, for example: those seeking refuge in the UK, those affected by the Windrush scandal, the three million EU citizens who will have to submit their applications for a new immigration status after Brexit.
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