Source · Select Committees · Human Rights (Joint Committee)
Recommendation 85
85
Accepted
The ECHR memorandum124 explains that the purpose of the power is to allow individuals’ identity...
Conclusion
The ECHR memorandum124 explains that the purpose of the power is to allow individuals’ identity to be checked without needing them to make an immigration application, so the UK authorities can identify people of concern and make sure resources are concentrated on those who are genuine. This aim is legitimate. Clause 35 includes a range of safeguards to ensure that information is only used for specific purposes and is retained no longer than necessary.
Government Response Summary
The government states that Clause 35 does not disapply data protection safeguards and that processing is necessary for public interest reasons, complying with UK GDPR principles. They affirm that due diligence will be paid when sharing personal data and that the Bill aligns with existing biometrics policy for children.
Government Response
Accepted
HM Government
Accepted
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.