Recent legislative response to Court of Appeal judgments leaves questions over lawfulness of derogations from data protection rights
On 31 January 2022 The Data Protection Act 2018 (Amendment of Schedule 2 Exemptions) Regulations 2022 came into force. This was a remedial response to the Court of Appeal’s declaration of incompatibility in May 2021 of an immigration control exemption within the Data Protection Act 2018. That exemption was declared unlawful as being incompatible with the GDPR.
John Stables considers here the legislative history and the balance to be struck between fundamental data rights on the one hand and governmental policy implementation on the other.