LS Legal News Bulletin
Data Protection and Access to Personal Data is Set to be Denied by the Home Office
Thursday 15th February 2018
One of the most significant and consumer-friendly data protection law anywhere in the world, the General Data Protection Regulation (GDPR), will come into effect on 25 May 2018. The GDPR seeks to create a clear and consistent view of data protection rules across the entire European Union, including the UK. The UK Parliament seeks to implement the regulation through a new Data Protection Bill 2017 which will be discussed in the Houses of Commons on 5 March 2018.
In an unprecedented move, Schedule 2, paragraph 4 of the Bill seeks to exempt the application of the data protection law for the purposes of maintenance of effective immigration control. The official explanation seems to be quite reasonable overall, however, there are fears that in practical terms the Home Office will be denying the access to personal data to any person seeking to have it disclosed. This, in turn, may have a huge detrimental impact on any person who is subject to an immigration control and is seeking to rectify or delete errors in the Home Office records (which unfortunately happen very often at present times) or uncover data that has been unlawfully collected. This new law will primarily affect individuals who are not UK nationals, including EU and foreign nationals who are residents in or are seeking entry to the UK.
If the Bill is passed without amendments to this provision, this will likely to make it very difficult, or even virtually impossible, for individuals involved in immigration disputes to obtain copies of their personal data from the Home Office. Effectively, the Home Office may claim exemption to provision of personal data under the pretext of 'maintenance of effective immigration control' on any occasion. The Bill arguably creates new discriminatory immigration restrictions by way of removing a transparent implementation of data protection rules in the UK.
Legal opinion suggests this exemption is so discriminatory that it may be struck down as incompatible with the European convention on human rights. However, it is yet to be seen if the government intends to proceed ahead regardless.
LS Legal Solicitors are well-versed in providing immigration advice to anyone wo requires it and our Managing Partner Liliya Scott is widely regarded as one of the leading solicitors in immigration law.
If you are seeking immigration or any other legal advice, please contact our firm on 020 81 44 55 88, via email on info@LSLegaLUK.com or use the contact box to discuss your matter or make an appointment.
