Millions of EU citizens could find it difficult to assert their right to remain in the UK after Brexit under proposed new Home Office rules denying them access to their personal records, the high court has been told.
A case has been brought by the London law firm Leigh Day on behalf of the Open Rights Group, which campaigns on digital issues, and the3million, a group representing EU citizens living in Britain to challenge a new exemption under the Data Protection Act 2018 (the “Act”) that prevents those pursuing immigration claims from obtaining key material about their cases. The relevant section of the Act allows Home Office “data controllers” to restrict access to personal data if it would be likely to prejudice “effective immigration control”. It was argued that this provision is contrary to the requirements of the EU’s charter of fundamental rights.
The change is particularly concerning for many after the errors that were brought to light by the Windrush immigration scandal showed that data held by the Home Office, while often inaccurate, was the only place there was an official record of an individual’s residence in the UK. Concerns have been raised that the 3 million EU residents in the UK will become subject to the same protocols and errors after March 29.
It has been argued that the exemption undermines the fundamental right to data protection of millions across the UK as it contravenes the stated purpose of the Act which is to protect persons’ data from abuse by those holding it. It also reinforces the suspicion that the Home Office has something to hide.
No evidence has been presented by the Home Office explaining why it has been necessary to introduce the restrictions on access to immigration files, but counsel for the Home Office said the exemption was permissible under EU law.
The judge granted permission for a full hearing of the judicial review application at a later date.
