15/12/2021

Mischon de Reya

Amendment of unlawful immigration exemption of DPA 2018

An amendment has been made to the Data Protection Act 2018 following the Court of Appeal ruling that the "immigration exemption" was unlawful. The amendment requires the Secretary of State to ensure additional safeguards are also added to the exemption in order to:

  • Decide whether the immigration exemption applies on a case by case basis, and to have regard to the immigration exemption policy document when making such decisions;
  • Keep a record of any decision that the immigration exemption applies and the reasons for that decision;
  • Inform a data subject of any such decision, unless doing so may be prejudicial to any of the matters mentioned in paragraph 4(1)(a) and (b) of Schedule 2 to the 2018 Act.
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Passport, Immigration

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