The3million & anr (claimants/respondents) v Secretary of State for the Home Department & anr (defendants/appellants)
Tuesday 21 – Wednesday 22 November 2023
The Appellants (the Secretary of State for the Home Department and the Secretary of State for Digital, Culture, Media and Sport) challenge the order of Saini J dated 29 March 2023 by which he declared that The immigration exemption in Paragraph 4 of Part 1 of Schedule 2 to the Data Protection Act 2018 (as amended by the Data Protection Act 2018 (Amendment of Schedule 2 Exemptions) Regulations 2022 (SI 2022/76)) is incompatible with retained EU law in that it does not satisfy the requirements of Article 23 of the UK GDPR. That declaration was suspended until 4pm on 29 June 2023 to provide a reasonable time for the DPA 2018 to be amended to remedy the incompatibility.
The Claim below challenged the legality of statutory restrictions on data protection rights in the context of immigration control. The judicial review challenged the government’s second attempt to produce an immigration exemption from the United Kingdom General Data Protection Regulation (“the UK GDPR”).
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Day 1
Day 2