Source · Select Committees · Human Rights (Joint Committee)
Recommendation 83
83
Acknowledged
Clause 35 provides that the information must then be passed to the Secretary of State,...
Conclusion
Clause 35 provides that the information must then be passed to the Secretary of State, who can keep and use it for purposes relating to immigration, nationality, law enforcement or national security. The information cannot be kept for longer than necessary, and in any event no longer than 5 years, unless it can be held under another power. Compatibility with Convention rights
Government Response Summary
The government acknowledges the committee's description of Clause 35, asserting that it does not disapply data protection safeguards and that processing will comply with UK GDPR principles, with due diligence paid to safeguarding personal data.
Government Response
Acknowledged
HM Government
Acknowledged
We thank the Committee for its consideration of Clause 35 and note the concern about the transfer of personal data. The Bill does not provide a broad-brush approach or disapplication of data protection safeguards. Instead, it simply provides that for the purpose of international transfers, such processing is taken to be necessary for important reasons of public interest, meaning a derogation will be engaged. The processing will still need to comply with the general principles (Article 5 UK GDPR), lawful basis (Article 6 UK GDPR), which will generally require that processing is necessary for the performance of a task in the public interest and, in respect of any special category data, that the processing is necessary for reasons of substantial public interest (Article 9 UK GDPR). In this case, the public interest is that such processing may be used to support decisions relating to immigration permission after a person has been evacuated or had their exit facilitated from a third state. The Home Office will ensure that due diligence is paid when sharing any personal data, to ensure it is appropriately safeguarded, with particular attention paid to which third parties and countries the data is shared with. We also note paragraph 87, which identifies the importance of consent for collection of biometrics of children over 16. The Bill is aligned with wider biometrics policy applicable to anyone applying to come to the UK. The presence of a responsible adult is required for the collection of biometric data from children under 16 years old, a position that reflects existing legislation relating to the provision of biometrics under the Immigration Acts and for nationality purposes and the increased rights and responsibilities granted to those aged over 16 years.