The Open Rights Group & Anor, R (On the Application Of) v The Secretary of State for the Home Department & Anor (Rev1)

The Open Rights Group & Anor, R (On the Application Of) v The Secretary of State for the Home Department & Anor (Rev1)

The Immigration Exemption in the Data Protection Act 2018 does not contain specific legislative provisions as required by Article 23(2) GDPR, rendering it an unauthorised derogation from fundamental rights and incompatible with the Regulation. The appeal is allowed on this basis.

Parties
Claimant/appellant: The Open Rights Group; Claimant/appellant: the3million; Respondent/defendant: The Secretary of State for the Home Department; Respondent/defendant: The Secretary of State for Digital, Culture, Media and Sport; Intervener: Liberty; Intervener: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
26 May 2021
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
GDPR Article 23 Derogations, Immigration Exemption, Supremacy of EU Law, Legislative Requirements for Data Rights Derogation
Data Protection Administrative Law EU Law GDPR Article 23 Derogations Immigration Exemption Supremacy of EU Law Legislative Requirements for Data Rights Derogation

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Parties

The Open Rights Group

Claimant/appellant

the3million

Claimant/appellant

The Secretary of State for the Home Department

Respondent/defendant

The Secretary of State for Digital, Culture, Media and Sport

Respondent/defendant

Liberty

Intervener

The Information Commissioner

Intervener

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Immigration Exemption in the Data Protection Act 2018 is compliant with Article 23 of the GDPR
  2. 2 Whether the Exemption contains specific provisions as required by Article 23(2) GDPR
  3. 3 Whether the Exemption is compatible with the Charter of Fundamental Rights of the European Union

Ratio Decidendi

The Immigration Exemption in the Data Protection Act 2018 does not contain specific legislative provisions as required by Article 23(2) GDPR, rendering it an unauthorised derogation from fundamental rights and incompatible with the Regulation. The appeal is allowed on this basis.

Court Disposition

Appeal allowed

Orders

  • Declaration that the Immigration Exemption is incompatible with Article 23 GDPR and unlawful
  • Further submissions invited on appropriate relief