ICO welcomes government's proposed immigration exemption changes

12/02/2024 | ICO

Proposed government changes to amend the immigration exemption in the Data Protection Act 2018 have been welcomed by the Information Commissioner's Office. The changes aim to provide greater safeguards for people in vulnerable positions within the immigration system to access the information held about them. The move follows the Court of Appeal's ruling in December that required the government to make the exemption clearer. 

Having been consulted by the Home Office, the ICO has now determined the new regulations satisfy the judgment. In its response, the ICO highlights the addition of requirements in the regulations for:

  • A case-by-case exemption application, 
  • Taking into account the person's potential vulnerability, 
  • Balancing of risks to immigration control and individual interests,
  • Proportionate and necessary use of the exemption,
  • No longer requiring an immigration exemption policy document.
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Immigrant, migrant channel crossing

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