Remove the immigration exemption from the Data Protection Bill

by Nicolas Hatton

Remove the immigration exemption from the Data Protection Bill

by Nicolas Hatton
Nicolas Hatton
Case owner
Nicolas Hatton co-founded the3million in July 2016 and has been one of the leading campaigners for the cause of EU citizens in the UK since the referendum. He is a French citizen living in Bristol.
Funded
on 10th May 2018
£40,300
pledged by 1618 people
Nicolas Hatton
Case owner
Nicolas Hatton co-founded the3million in July 2016 and has been one of the leading campaigners for the cause of EU citizens in the UK since the referendum. He is a French citizen living in Bristol.

Latest: Aug. 30, 2018

Judicial Review Launched!

Thanks to backers like you, we have been able to seek a judicial review of the immigration exemption to the government's Data Protection Act in the last few days. Our legal challenge to the unn...

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Pledge today to protect our #access2justice. The Government has passed an immigration exemption in the Data Protection Bill that creates a two-tier system of data protection rights with lesser rights for immigrants. 

As a result of this new Bill, immigrants, including the 3 million EU citizens in the EU, will not have access to data and information regarding how the Government decides on their fate, including their potential deportation.  This makes any defence and legal action against unlawful deportation by the Government extremely difficult. 

We need to raise £30,000 to enable us to challenge this in the courts.  The exemption allows the Home Office to deny anyone involved in an immigration case their data protection rights. That’s not what the General Data Protection Regulation (GDPR) is supposed to be about. Please help us challenge this by sharing this page and donating.

The Data Protection Bill is supposed to give people greater control over their data. Yet there is an immigration exemption within it that does precisely the opposite. It denies people access to their data when they need it most.

Open Rights Group and campaigners for EU citizens’ rights the3million have teamed up to strip this contradictory exemption from the Data Protection Bill. When this passes into law in the next weeks we must be prepared to challenge the exemption in court.

This exemption effectively removes individuals’ right to data protection if it's likely to prejudice “effective immigration control". That means it applies to all immigration cases including those affected by the Windrush scandal, the three million EU citizens living in the UK, who will who will have to apply for a new immigration status after Brexit and those seeking refuge in the UK, for example from Syria.

This is a huge problem because according to the Chief Inspector of Borders and Immigration, the Home Office has a ten percent error rate in immigration status checks. Under current law these sorts of mistakes can be challenged by victims and corrected. But the immigration exemption prevents access to personal data and due process, so people will have no way to stop a typo from turning their lives upside down. The worst kinds of errors could lead to an application being refused or even deportation.

Worse yet, this injustice could affect individuals far beyond the scope of immigration cases because administrative errors can ensnare any UK resident. Rights are meant to be universal, so when we apply them selectively it undermines the whole system and makes everyone vulnerable.

What are we doing?

When the Bill is passed into law we will Judicially Review the decision to include the immigration exemption in the Data Protection Bill. The exemption means people who need access to their data the most, are denied it. We have tried, for months, to persuade the government to reconsider its position on the exemption. But they have refused to listen. We have no option now but to ask the Court to intervene.

Where is the money going?

Open Rights Group and the3million are seeking funding to enable us to:

To cover court fees and travel fees.

To cover our costs risk associated with the case. As not for profit organisations, we cannot afford the normal cost risk associated with litigation like this, so we will ask the Court to provide us with costs protection. In other words, we will ask the Court to limit the government’s ability to recover legal costs from us to a sum of money. We are intending to ask for costs protection up to £30,000. We need your help to raise this money. We do not have sufficient resources on our own. Without your help, we will simply not be able to bring this important case.

Please pledge to support our legal case against the Government so access to data is maintained for all UK residents, irrespective of where they came from or where they were born.

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Update 6

Nicolas Hatton

Aug. 30, 2018

Judicial Review Launched!

Thanks to backers like you, we have been able to seek a judicial review of the immigration exemption to the government's Data Protection Act in the last few days. Our legal challenge to the unnecessary and discriminatory exemption is now a reality. 

Our last few weeks of correspondence with government lawyers have not convinced us the immigration exemption is necessary: we still believe it undermines the transparency and protection of personal data that GDPR legislation was meant to strengthen, and creates a two tier system with fewer data protection rights for immigrants than British citizens. 

This week, a pilot programme opened for the new post-Brexit "settled status" scheme for EU citizens  - bringing home that this exemption will affect a whole new group of 3.6 million people along with others already involved in immigration cases. 

We have seen in recent months that the Home Office is prone to errors and delays, and that is why we need to protect the fundamental right for people to access the data held about them to be able to appeal decisions and correct errors. 

We thank you again for your support, and will keep you updated as the case progresses.

Update 5

Nicolas Hatton

July 13, 2018

Thank you for making our Crowdjustice challenge a success

Dear backer and supporter of the access2justice challenge,


We made it!!  Thanks to your support, our crowdfunding challenge raised £40,300 in  just under 9 weeks - achieving our £40,000 target to take on the government over the immigration exemption to the Data Protection Act 2018. 


It helped that Shadow Digital Minister for Labour Liam Byrne MP wrote in support of our challenge in the Huffington Post - calling the exemption a “gratuitous land grab” by the Home Office:

https://www.huffingtonpost.co.uk/entry/home-office_uk_5b3f9f27e4b07b827cc02136  


Our crowdfunder is now closed for donations, but these contributions from you and many others mean that Open Rights Group and the3million are now in a strong position to seek a judicial review of the Data Protection Act.  


We are taking advice from the legal counsel handling our case on the next steps to take -  watch this space for more updates, and  continue to follow and retweet us on @The3Million and @OpenRightsGroup.


Thanks to everyone who donated to this action by Open Rights Group and the3million, tweeted about the case and shared with their friends. 


Kind regards -


Martha Dark, Open Rights Group

Nicolas Hatton, the3million

Update 4

Nicolas Hatton

June 29, 2018

ONE WEEK TO GO!

We have one more week to hit our target of £40k to help with our challenge to the Immigration Exemption. 

7 days to raise roughly £7k. Thanks to everyone who has donated to this action by Open Rights Group and the3million, tweeted about the case and shared with their friends. With just a little more support we’ll easily meet that £40k target.

We’re currently preparing our arguments to submit to the court and thanks to your support we will be ready to do that soon.

Meanwhile, Government ministers have in recent weeks sought to downplay concerns about the law. Sajid Javid, the Home Secretary, promised that EU citizens will be able to access data held about them.  These promises are just that, promises. The exemption is still in the law. It is still deeply vague what is meant by “effective immigration control”. Despite the Home Secretary’s promise, there is no special category of protection for EU citizens or anyone else against this exemption being used on them.

Besides, this is about more than just EU citizens living in the UK, this is about anyone going through, or connected to a person going through, an immigration process.

The whole of the Immigration Exemption needs to go. From the restriction of the right to access data held about you to the lifting of restrictions for sharing data between data controllers (whether that is the Home Office, your local school, or your employers) the exemption is a wildly disproportionate interference with the fundamental right to protection of data.

Everyone has the right to data protection and everyone’s right to data protection is threatened by this exemption. Take a stand for #access2justice.


Open Rights Group

the3million

Update 3

Nicolas Hatton

June 2, 2018

Last few days to reach our final crowd-funding target of £40K #access2justice

Do you care about guaranteeing data protection rights for everyone, no matter where they were born?

We do and thanks to all the amazing citizens who are supporting our case, we have now reached our primary target of raising £30k for our legal challenge to remove the immigration exemption from the Data Protection Act. 

This is a significant milestone - we are now confident of having the financial resources to cover our legal costs in taking the Government to court. 

We have just a few days left of our fundraising challenge, and we have raised our final target to £40k. 

Contributions made in the final days of the challenge will go towards funding the hard work that Open Rights Group and the3million are putting into campaigning on the Data Protection Act, and towards preparing and building support for our court case. 

Without you, we wouldn’t be in a position to take up this fight, and we thank you for making this possible. 

Please continue to tweet about the challenge on #access2justice, follow us on Twitter at @The3Million and @OpenRightsGroup and promote this fundraising page on your social media channels.

Kind regards,


Martha and Nicolas


Martha Dark, Open Rights Group

Nicolas Hatton, the3million

Update 2

Nicolas Hatton

May 25, 2018

The Data Protection Act becomes law!

The Data Protection Act including the Immigration Exemption has now received Royal Assent. Thanks to people like you we hit the ground running. Our campaign reached our initial target of £10,000 within just 48 hours and thanks to your support, we are close to our goal of raising £30,000.

The bill has now been passed in to law including the exemption despite our efforts to have it removed. Open Rights Group and the3million are now going to move forwards on challenging the immigration exemption together with our legal counsel.

We need your help with the next steps, we need to raise another £5,400. With your help we can make the 2018 Data Protection Act do what it was meant to - enhance people’s control over their personal data. The exemption will achieve the opposite aim of denying people access to their data when they need it most. The peace of mind of millions of legal UK residents reapplying for a new immigration status after Brexit is at stake.

Open Rights Group and the3million thank you again for your support in challenging this exemption. Please help continue the momentum by sharing our message tweeting your support on access2justice.

Thank you,

Open Rights Group and the3million

Update 1

Nicolas Hatton

May 10, 2018

Thank you - the battle is just starting

Dear backer and supporter of the access2justice challenge,


You have been wonderful in the last 24 hours, as we have almost reached our first £10,000 target. This means we can progress our legal challenge, knowing we will have the financial resource to take the Government to court.

To do so, we will need to collect another £20,000 in the next 29 days, so please share the crowdJustice page widely, so me and everyone who has to deal with the Home Office to continue to live their lives in the UK can retain their #access2justice and not be denied access to their own data by the Home Office. 

The process will take between 6 to 9 months so we will update you with regular updates.

Yesterday, the Data Protection Bill came back to the House of Commons and the cross-party amendment, which would have removed the exemption, was defeated by 28 votes so the bill will now become law with the built-in exemption but the battle is only starting.

As per the3million's campaign for EU citizens' rights and the Open Rights Group's campaign for the rights to privacy and free speech online, this is about hope and fighting for a better future for all. 

So once again, a massive thank you to you, who believed in us from the start. You are amazing. 

Please share widely and spread the message that we can win this and restore some sense of justice to those who need it most.

Kind regards,


Nicolas Hatton

Founder member of the3million


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