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.

Judges:

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

Citations:

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

Links:

Bailii, WLRD

Statutes:

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

Jurisdiction:

England and Wales

Information, Immigration, European, Human Rights

Updated: 23 March 2022; Ref: scu.662794