Skip to main content

The Open Rights Group & anr –v- The Secretary of State for the Home Department & anr

Friday 8th October 2021

This is a hearing on relief further to an appeal Judgment handed down on the 26th May 2021, which heard:

Appeal against the Order of Supperstone J (3 October 2019) that dismissed the claim for judicial review.

The Appellants challenge the lawfulness of the immigration exemption in paragraph 4, Schedule 2 of the Data Protection Act 2018. It applies to the data protection rights in the General Data Protection Regulation 2016/679.

The Open Rights Group is a UK-based digital campaigning organisation working to protect the rights to privacy and free speech online. The3million is an organisation of EU citizens in the UK that campaigns for EU citizens who have made their home in the UK to be able to continue their life here after Brexit. EU citizens will be required to apply for settled status should they wish to continue living in the UK after Brexit.

The Immigration Exemption may apply in circumstances such as withholding information to avoid a person being `tipped-off’ about a potential immigration investigation or enforcement action.

Lower Court Judgment:

https://www.bailii.org/ew/cases/EWHC/Admin/2019/2562.html

Court of Appeal Judgment:

https://www.bailii.org/ew/cases/EWCA/Civ/2021/800.html

View hearing