Information Commissioner's Office
ICO responds to Home Office’s draft regulations to the immigration exemption
The Information Commissioner's Office has welcomed proposed government changes to provide clearer safeguards around how people in a potentially vulnerable position within the immigration system are able to access the information held about them.
The draft regulations will amend the immigration exemption in the Data Protection Act, and follows December's Court of Appeal ruling that required the government to make the exemption clearer.
The ruling followed a case brought by the3million and the Open Rights Group, in which the ICO was an interested party, where concerns were raised that the exemption was not clear enough and did not contain sufficient built-in safeguards to prevent abuse and protect people’s rights, particularly given its use in a significant number of cases.
The Home Office consulted with us about the new regulations and, after careful examination, we have determined that they satisfy the requirements of the judgment.
Emily Keaney, Deputy Commissioner for Regulatory Policy, yesterday said:
"The details that have been added to the legislation will, in our view, help to ensure that the right issues are considered when making decisions about giving people access to information used to inform life-changing decisions about where they have the right to live.
"We particularly welcome that the legislation now sets out that use of exemption must be necessary and proportionate, and applied on a case-by-case basis, taking into account the potential vulnerability of the person concerned, and the impact on their rights and freedoms.
"While these regulations will be a welcome step forward, we have emphasised that staff working in immigration must be made aware of these changes and trained appropriately."
Latest News from
Information Commissioner's Office
ICO orders Serco Leisure to stop using facial recognition technology to monitor attendance of leisure centre employees26/02/2024 12:25:00
The Information Commissioner’s Office (ICO) has ordered public service provider Serco Leisure, Serco Jersey and seven associated community leisure trusts to stop using facial recognition technology (FRT) and fingerprint scanning to monitor employee attendance.
Information Commissioner’s Office tells platforms to respect information rights when moderating online content16/02/2024 12:25:00
The Information Commissioner’s Office (ICO) is working to support people's information rights online by ensuring organisations understand their data protection obligations when seeking to make their platforms safer.
Practical tips for small beauty and wellbeing businesses this Valentine’s Day14/02/2024 13:15:00
Show your customers you care – about their information rights – this Valentine’s Day.
ICO approves legal services certification scheme14/02/2024 10:20:00
The Information Commissioner’s Office (ICO) has approved a certification scheme aimed at legal service providers who process personal data.
ICO urges all app developers to prioritise privacy09/02/2024 10:15:00
The Information Commissioner’s Office (ICO) is reminding all app developers to ensure they protect users’ privacy, following the regulator’s review of period and fertility apps.
ICO warns organisations to proactively make advertising cookies compliant after positive response to November call to action31/01/2024 15:20:00
Last November we wrote to 53 of the UK’s top 100 websites, warning that they faced enforcement action if they did not make changes to advertising cookies to comply with data protection law.
New ICO campaign promotes sharing data to safeguard children30/01/2024 09:10:00
The Information Commissioner’s Office is partnering with education, law enforcement and social service organisations to raise awareness about responsible data sharing to protect children from harm.
South Tees Hospitals NHS Foundation Trust reprimanded for “serious, harmful” data breach25/01/2024 16:20:00
The Information Commissioner’s Office (ICO) has today announced it has reprimanded South Tees Hospitals NHS Foundation Trust for a data breach which resulted in a disclosure containing sensitive information to a unauthorised family member.
ICO fines financial services company £50k for spam text messages19/01/2024 14:10:00
Financial services company LADH Limited has been fined £50,000 by the Information Commissioner’s Office (ICO) for sending tens of thousands of spam text messages, in breach of Privacy and Electronic Communications Regulations (PECR).