ORG challenges UK Government in Court over immigration exemption

21/03/2023 | Open Rights Group

On Tuesday, 21 March, the High Court will hear a second challenge by the Open Rights Group and the3million over the UK government's immigration exemption contained within Schedule 2 of the Data Protection Act 2018. 

Lawyers for the campaigners bringing the legal action will argue that the immigration exemption is incompatible with Article 23 of the UK General Data Protection Regulation (GDPR). They will claim it fails to meet the requirement of being a ‘legislative measure’ necessary for compliance with the GDPR. It also does not comply with the mandatory requirements listed in Article 23 and, therefore, lacks necessary substantive and procedural safeguards. 

The Information Commissioner's Office (ICO) is an Interested Party in the claim and says the government's amendments do not do enough to bring the exemption into compliance with the GDPR.

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