Judgement in immigration exemption case could cause chaos and threaten any adequacy determination for the UK
The Court of Appeal’s conclusion that the ‘Immigration Exemption’ in Schedule 2 to the DPA 2018 is not compliant with the GDPR creates two data protection headaches for Government.
First, the Court’s method of determining the illegality of the immigration exemption (i.e. that the safeguards in Article 23(2) of the GDPR were missing from the UK’s DPA2018), applies to ALL exemptions in Schedules 2 to 5. So does this mean ALL exemptions in the DPA2018 are equally unlawful?
Second, if ALL the exemptions are invalid, does the Court of Appeal judgment show that the UK’s implementation of the UK_GDPR does not offer an adequate level of protection for data subjects because important safeguards for data subjects (specified in Article 23(2)) are missing?