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.

The Court of Appeal unanimously overturned the High Court decision. See Court of Appeal decision.

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