The Open Rights Group and Another, Regina (on The Application of) v The Secretary of State for The Home Department and Another: CA 26 May 2021

This appeal is concerned with the lawfulness of statutory restrictions on data protection rights, in the context of immigration. By paragraph 4 of Schedule 2 to the Data Protection Act 2018 (‘DPA 2018’) Parliament enacted ‘the Immigration Exemption’. This disapplies some data protection rights where their application would be likely to prejudice immigration control.


Lord Justice Underhill
(Vice-President of the Court of Appeal (Civil Division))
Lord Justice Singh
Lord Justice Warby


[2021] EWCA Civ 800, [2021] 1 WLR 3611, [2021] WLR(D) 303


Bailii, WLRD


Data Protection Act 2018, General Data Protection Regulation, Charter of Fundamental Rights of the European Union


England and Wales

Information, Immigration, European, Human Rights

Updated: 23 March 2022; Ref: scu.662794