Skip to content
Friday 28 August 2026London --:--Frankfurt --:--Zurich --:--
NewslettersSearchEN · DE · FR
MorningWire

European business, markets and politics

FTSE 100
10,824.26
+0.29%
DAX
26,569.99
+0.77%
CAC 40
8,401.18
+0.98%
STOXX 50
6,485.67
+0.95%
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
More
GermanyFranceEU InstitutionsCompetitionPublic AffairsBankingTechnologyEnergy
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
  • DE
Wednesday 26 May 2021 1:57 pm  |  Updated:  Wednesday 26 May 2021 4:32 pm

Home Office loses immigration data case against 3.6m EU citizens in UK

By: Michiel Willems

Add as a preferred source on Google
EU citizens outside Parliament earlier this year

Campaigners have won a Court of Appeal challenge over an “unlawful” exemption to data protection rules in immigration cases.

The Open Rights Group and the3million said the “immigration exemption” introduced in the Data Protection Act (DPA), which came into force in May 2018, denies people access to their personal records in immigration cases.

The exemption means certain data protection rights do not apply when the information is held for “the maintenance of effective immigration control”.

The campaign groups argued that the exemption is unlawful and would prevent people from challenging errors made by the Home Office.

High Court case

Their case was dismissed by the High Court in October 2019, but on Thursday the Court of Appeal ruled that the immigration exemption in the DPA was unlawful.

Lord Justice Warby, sitting with Lords Justice Underhill and Singh, said that the exemption was “an unauthorised derogation from the fundamental rights conferred” under data protection rules and was therefore unlawful.

The issue of what remedy the Court of Appeal will grant will be decided at a further hearing, expected to take place later this year.

At the appeal in February, the Open Rights Group and the3million relied on independent reports that “cast doubt on the accuracy and reliability of the Home Office decision-making in the arena of immigration and data protection”, Lord Justice Warby said.

The judge said a 2016 review by the Independent Chief Inspector of Borders and Immigration found that “in 10% of cases where a search of the Home Office database identified an individual as a ‘disqualified person’ who should be refused a bank account, the answer was wrong”.

The campaign groups also referred to evidence that “in the second quarter of 2017, the success rate for appeals against Home Office immigration decisions was 47%”.

Read more

Skilled tech visa applications fall again despite AI talent push

UK work and study visas have fallen as Labour faces pressure to reduce immigration.

Lord Justice Warby added: “The fact that the Home Office dealt imperfectly with ‘the Windrush Generation’ is a matter of common knowledge.”

In a statement after the ruling, Sahdya Darr, the Open Rights Group’s immigration policy manager, said: “This is a momentous day.

“The Court of Appeal has recognised that the immigration exemption drives a huge hole through data protection law, allowing the Government to deny access to information that may be being used to deny people their rights.

“If the Government holds information about you, it should only be in the most exceptional circumstances that it is denied to you, such as during a criminal investigation.

“Treating all immigrants like criminals and suspects is simply wrong.”

Response

Maike Bohn, co-founder of the3million said: “We welcome today’s judgment, especially as we represent millions of EU citizens who for the first time have to hand their personal data to the Home Office and its contractors to be able to stay in the UK.

“As it stands, the exemption from data protection for foreign nationals hands all the cards to unaccountable parties – a recipe for things to go horribly wrong.

“Winning the appeal means we can hopefully reintroduce much-needed scrutiny so errors and data misuse cannot go undetected.”

Waleed Sheikh and Erin Alcock, from the law firm Leigh Day which represented the campaigners, said: “We are very pleased that the Court of Appeal has today ruled unanimously that the immigration exemption, which allows not only the Home Office but those in the private sector such as landlords, banks and others to bypass fundamental data protection obligations in the name of maintaining immigration control, is unlawful and lacking in sufficient legislative safeguards.”

Read more

Going on holiday as Prime Minister comes at a cost

Andy Burnham smiling and holding a pint of beer and a smartphone in a pub setting

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Business
  • Legal

Related Topics

  • Brexit

Trending Articles

  • Pensioners to hand over bank statements in government benefits crackdown

  • Jamie Carragher: HMRC petitions for Sky Sports star to be declared bankrupt

  • Brewdog founder James Watt hits out at ‘total silence’ over new venture

  • Lloyds Bank and Halifax users unable to use app in latest outage

  • Economists urge Bank of England to halt bond sales as borrowing costs climb

More from Morning Wire

  • Skilled tech visa applications fall again despite AI talent push

    Tech
    UK work and study visas have fallen as Labour faces pressure to reduce immigration.
  • Going on holiday as Prime Minister comes at a cost

    Opinion
    Andy Burnham smiling and holding a pint of beer and a smartphone in a pub setting
  • Serco chief hits back at New Statesman’s outsourcing jibes

    Politics
    New Statesman magazine cover, How Britain Lost Control, with a crowned lion held by a hand, over a city skyline.
  • Top business group urges Healey to cut NICs to ‘solve Neets crisis’ 

    Economics
    Man in suit and red tie speaking at a podium to an audience in a modern building.
  • JP Morgan boss issues bank tax warning to John Healey

    Banking
    JPMorgan Chase CEO Jamie Dimon
  • Neets dip below one million as Labour blamed for youth unemployment

    Economics
    Andy Burnham, Sadiq Khan, and Sainsburys staff discussing Neets numbers in a supermarket bakery aisle.
  • Big bank bosses on alert as tax noise gets louder under Burnham

    Banking
    Two men, one in a white shirt and red tie, the other in a navy jacket, conversing outdoors.
  • Astrazeneca and Jaguar Land Rover given power to endorse talented migrants for visas

    Politics
    Jonathan Reynolds addressing the SMMT's annual International Automotive Summit (image courtesy of SMMT)
MorningWire

Independent European business, markets and political news for decision-makers.

Morning Briefing

Europe

  • Germany
  • France
  • EU Institutions
  • Europe

Business

  • Markets
  • Business
  • Economy
  • Regulation
  • Competition
  • Public Affairs

Editorial

  • Opinion
  • Editorial Policy
  • Corrections
  • Contact

Company

  • About Morning Wire
  • Privacy Policy
  • Terms of Use
  • Cookie Policy
© 2026 Morning Wire Ltd · Published by Morning Wire Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
Privacy · Terms · Cookies · Facebook