The 3Million & Anor, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 1474 (11 December 2023)

The 3Million & Anor, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 1474 (11 December 2023)

The Immigration Exemption is unlawful because the required safeguards to prevent abuse or unlawful access or transfer of personal data are not set out in binding legislation but in a policy document (IEPD) that is not subject to Parliamentary scrutiny, contrary to Article 23(2)(d) of the UK GDPR. Risks to data subject rights were not adequately disclosed to Parliament, and the legislative measure lacks the specificity and binding force required by law.

Citation
[2023] EWCA Civ 1474
Parties
Claimant/respondent: THE 3MILLION; Claimant/respondent: OPEN RIGHTS GROUP; Defendant/appellant: SECRETARY OF STATE FOR THE HOME DEPARTMENT; Defendant/appellant: SECRETARY OF STATE FOR SCIENCE, INNOVATION AND TECHNOLOGY; Interested Party: THE INFORMATION COMMISSIONER
Jurisdiction
England and Wales
Judgment Date
11 December 2023
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed; declaration of incompatibility upheld.
Legal Topics
GDPR Compliance, Immigration Exemption, Parliamentary Scrutiny, Rule of Law, Legislative Safeguards
Data Protection Administrative Law Constitutional Law GDPR Compliance Immigration Exemption Parliamentary Scrutiny Rule of Law Legislative Safeguards

Case Brief

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Parties

THE 3MILLION

Claimant/respondent

OPEN RIGHTS GROUP

Claimant/respondent

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Defendant/appellant

SECRETARY OF STATE FOR SCIENCE, INNOVATION AND TECHNOLOGY

Defendant/appellant

THE INFORMATION COMMISSIONER

Interested Party

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the amended Immigration Exemption complies with Article 23(2) and (3) of the UK GDPR
  2. 2 Whether safeguards required by Article 23(2)(d) are set out in legislation or policy
  3. 3 Whether risks to data subject rights are adequately addressed in legislative materials

Ratio Decidendi

The Immigration Exemption is unlawful because the required safeguards to prevent abuse or unlawful access or transfer of personal data are not set out in binding legislation but in a policy document (IEPD) that is not subject to Parliamentary scrutiny, contrary to Article 23(2)(d) of the UK GDPR. Risks to data subject rights were not adequately disclosed to Parliament, and the legislative measure lacks the specificity and binding force required by law.

Court Disposition

Appeal dismissed; declaration of incompatibility upheld.

Orders

  • Declaration that the Immigration Exemption is incompatible with Article 23(2) of the UK GDPR.
  • Suspension of declaration for three months to allow remedial legislation.