Jurisdiction(s):
United Kingdom

Information law: UK/EU data protection, defamation, ePrivacy and cybersecurity highlights (CoA immigration exemption, DPDI Bill, ICO moderation, EDPB main establishment, NCSC AI), 22 February 2024

Published on: 22 February 2024

Published by a LexisNexis Information Law expert

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Data protection

Court of Appeal emphasises the distinction between administrative policy and legislation for an immigration control exemption to the UK GDPR (R (on the application of The3Million))

This matter concerned an appeal against a High Court judicial review judgment, which found the government’s second bid to craft an immigration exemption under section 16 of the Data Protection Act 2018 (DPA 2018) (‘the Immigration Exemption’) removing certain United Kingdom General Data Protection Regulation, Retained Regulation (EU) 201/679 (UK GDPR) data subject rights to be unlawful, as it failed to satisfy Article 23(2)–(3) of the UK GDPR. The appeal was rejected. Accordingly, the exemption did not meet Article 23(2)–(3) requirements under the UK GDPR. The judgment also addresses how the UK GDPR should be construed as retained EU law. The judge’s guidance is particularly timely in light of the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023), which reshapes the legal framework that underpinned the claim. In this case, had it been brought after REUL(RR)A 2023 took effect, the outcome might have been different, since no longer would the claim have...

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