Immigration and migrants' rights / Privacy and mass surveillance

Legal Intervention: Data Protection Act “immigration exemption”

Liberty intervened in the challenge to the “immigration exemption” in the Data Protection Act brought by Open Rights Group and the 3 million. The exemption enables the Government to limit someone’s data protection rights for ‘effective immigration control’.

Liberty argued the exemption  breached rights to private and family life under article 8 of the European Convention on Human Rights and articles 7 and 8 of the Charter of Fundamental Rights of the European Union.

The High Court dismissed the groups’ application. They have appealed to the Court of Appeal. A decision is currently pending.

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