Open Rights Group - Letter to EU Commissioners: Concern over United Kingdom’s proposed ‘immigration exemptions’ from Data Protection Bill: "The blanket immigration exemptions go beyond the necessity and proportionality of restrictions under Article 23 of the GDPR and directly interfere with an individual’s right of access to data, and for their data to be processed fairly under Article 8 of the Charter of Fundamental Rights.
We are concerned about the potential impact the immigration exemptions will have on the United Kingdom’s adequacy when it leaves the European Union.
The judgment by the Court of Justice of the European Union in Maximillian Schrems v. Data Protection Commissioner C- 362/14, lays out at para 74 in no uncertain terms, that the practical requirement for adequacy requires:
“...protection essentially equivalent to that guaranteed within the European Union.”
And at para. 95:
“Legislation not providing for any possibility for an individual to pursue legal remedies in order to have access to personal data relating to him, or to obtain the rectification or erasure of such data, does not respect the essence of the fundamental right to effective judicial protection, as enshrined in Article 47 of the Charter.”
Each of you represent an institution which holds a mandate to protect the interests of EU citizens and uphold the Charter of Fundamental Rights. That mandate includes the respect of these rights by member states.
We believe these proposed exemptions are particularly significant to all EU citizens currently resident in the United Kingdom in maintaining the protection of rights guaranteed to them in the Charter of Fundamental Rights." 'via Blog this'
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