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‘Immigration Exemption’ to General Data Protection Regulation under scrutiny in High Court (Open Rights Group v Secretary of State for the Home Department)

‘Immigration Exemption’ to General Data Protection Regulation under scrutiny in High Court (Open Rights Group v Secretary of State for the Home Department)
Published on: 24 October 2019
Published by: LexisPSL
  • ‘Immigration Exemption’ to General Data Protection Regulation under scrutiny in High Court (Open Rights Group v Secretary of State for the Home Department)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Immigration analysis: This case challenged the Immigration Exemption which applies to data protection rights in the General Data Protection Regulation (GDPR). It was brought by two campaign groups, the Open Rights Group which sets out to protect the rights to privacy and free speech online, and the3million which campaigns for EU citizens who have made their home in the UK. The claimants’ argument, which was dismissed, was that the immigration exemption constituted an unjustified interference with fundamental rights to privacy and the protection of personal data. Matthew Rice, Scotland director of the Open Rights Group, says that the claimants will appeal against the High Court’s decision in the Court of Appeal. or take a trial to read the full analysis.

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