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The High Court has ruled that the immigration exemption in the Data Protection Act 2018, as currently drafted, is still unlawful and must be made clearer. The ruling comes following a case brought by the3million and the Open Rights Group.

The Information Commissioner was an interested party in the claim. We raised concerns that previous actions from the government, including guidance around the exemption, did not provide enough clarity.

“Clarity in what the law requires is crucial for it to function well. The changes this judgment requires will bring greater certainty, which will allow for effective immigration processes while supporting people’s rights.

“We’ll continue to provide advice to the government as they make the adjustments set out by the court, and will update the guidance we provide accordingly.

“Protecting people’s rights, particularly where those people may not even be aware those rights exist, is a key part of the role we were set up to fulfil. We were pleased to be able to offer our expertise around this case.”

- John Edwards, Information Commissioner