This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.theguardian.com/politics/2018/aug/28/brexit-eu-citizens-seek-judicial-review-over-access-to-home-office-records
The article has changed 5 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Brexit: EU citizens seek judicial review over access to Home Office records | Brexit: EU citizens seek judicial review over access to Home Office records |
| (30 days later) | |
| Campaigners for the rights of EU citizens settled in the UK have started legal proceedings against the government over new laws that prevent them from accessing their Home Office records. | Campaigners for the rights of EU citizens settled in the UK have started legal proceedings against the government over new laws that prevent them from accessing their Home Office records. |
| An application for a judicial review of the Data Protection Act, which was passed into the statute books in May, was lodged in the high court in London on Friday. | An application for a judicial review of the Data Protection Act, which was passed into the statute books in May, was lodged in the high court in London on Friday. |
| The legal challenge comes as the government launches its first live trial of a new registration system that will be mandatory for all EU citizens after Brexit. | The legal challenge comes as the government launches its first live trial of a new registration system that will be mandatory for all EU citizens after Brexit. |
| The live trial is taking place in Liverpool and the Home Office is hoping for 4,000 volunteers to go through the online application process for the new immigration category of “settled status”. | The live trial is taking place in Liverpool and the Home Office is hoping for 4,000 volunteers to go through the online application process for the new immigration category of “settled status”. |
| The3million, a grassroots organisation representing EU citizens living in the UK, and Open Rights Group said they had no option but to seek a court intervention because the government refused to listen to their concerns. | The3million, a grassroots organisation representing EU citizens living in the UK, and Open Rights Group said they had no option but to seek a court intervention because the government refused to listen to their concerns. |
| They are worried that if EU citizens legally in the country were refused settled status, even if it resulted from a Home Office official’s error, they would not be entitled to see what data the government had used to support this refusal. | They are worried that if EU citizens legally in the country were refused settled status, even if it resulted from a Home Office official’s error, they would not be entitled to see what data the government had used to support this refusal. |
| The 2018 Data Protection Act was designed to implement General Data Protection Regulation rules, bringing data protection up to date across the EU. | The 2018 Data Protection Act was designed to implement General Data Protection Regulation rules, bringing data protection up to date across the EU. |
| But the proposed legislation says GDPR provisions would not apply “to personal data process for any of the following purposes: the maintenance of effective immigration control or the investigation or detection of activities that would undermine the maintenance of effective immigration control”. | But the proposed legislation says GDPR provisions would not apply “to personal data process for any of the following purposes: the maintenance of effective immigration control or the investigation or detection of activities that would undermine the maintenance of effective immigration control”. |
| The human rights lawyer Rosa Curling of the London law firm Leigh Day, which is acting for the two groups, said they were arguing the immigration exemption was “unlawful, unnecessary and a disproportionate interference” with fundamental data protection rights. | The human rights lawyer Rosa Curling of the London law firm Leigh Day, which is acting for the two groups, said they were arguing the immigration exemption was “unlawful, unnecessary and a disproportionate interference” with fundamental data protection rights. |
| The groups will claim it is contrary to article 23 of the GDPR, and articles 7 and 8 of the EU charter of fundamental rights, as well as being discriminatory, and will be asking a judge to declare the exemption incompatible with the charter. | The groups will claim it is contrary to article 23 of the GDPR, and articles 7 and 8 of the EU charter of fundamental rights, as well as being discriminatory, and will be asking a judge to declare the exemption incompatible with the charter. |
| “Unfortunately the concerns of our clients were ignored and they have been left no option but to launch this legal challenge. It cannot be correct that a two-tier system is created for data rights, distinguishing those who become subject to immigration control from British citizens,” she said. | “Unfortunately the concerns of our clients were ignored and they have been left no option but to launch this legal challenge. It cannot be correct that a two-tier system is created for data rights, distinguishing those who become subject to immigration control from British citizens,” she said. |
| Nicolas Hatton, co-founder and co-chair of the3million, said the challenge “matters to all 3.6 million EU citizens who will have to apply for settled status to stay in their own homes after Brexit – no applicant should be prevented from accessing the data the Home Office holds about them. | Nicolas Hatton, co-founder and co-chair of the3million, said the challenge “matters to all 3.6 million EU citizens who will have to apply for settled status to stay in their own homes after Brexit – no applicant should be prevented from accessing the data the Home Office holds about them. |
| “This is 2018, not 1984,” he said. | “This is 2018, not 1984,” he said. |
| Jim Killock, the executive director of the Open Rights Group, said: “The government’s hostile environment may have been renamed, but its policies are clearly still here.” | Jim Killock, the executive director of the Open Rights Group, said: “The government’s hostile environment may have been renamed, but its policies are clearly still here.” |
| Listen / | |
| Walking the Brexit tightrope at Labour conference – Politics Weekly | |
| Sorry your browser does not support audio - but you can download here | |
| and listen https://flex.acast.com/audio.guim.co.uk/2018/09/26-51111-gdn.pol.180926.podcast.mp3 | |
| Sorry your browser does not support audio - but you can download here | |
| and listen https://flex.acast.com/audio.guim.co.uk/2018/09/26-51111-gdn.pol.180926.podcast.mp3 | |
| Brexit | Brexit |
| European Union | European Union |
| news | news |
| Share on Facebook | Share on Facebook |
| Share on Twitter | Share on Twitter |
| Share via Email | Share via Email |
| Share on LinkedIn | Share on LinkedIn |
| Share on Pinterest | Share on Pinterest |
| Share on Google+ | Share on Google+ |
| Share on WhatsApp | Share on WhatsApp |
| Share on Messenger | Share on Messenger |
| Reuse this content | Reuse this content |