Source · Select Committees · Human Rights (Joint Committee)
Recommendation 89
89
Rejected
conclusion We are concerned that clause 35(7) and (8), deeming transfer of personal data to...
Recommendation
conclusion We are concerned that clause 35(7) and (8), deeming transfer of personal data to third countries and international organisations to be necessary for important reasons of public interest, inappropriately disapplies the normal safeguards in data protection legislation when data is transferred to third countries. recommendation Whilst recognising the need for the Home Office to act with expedition in these circumstances, and the potential national security concerns, we recommend the removal of clause 35(7) and (8) to ensure that the normal safeguards apply. (See Amendment 13, Annex) 126 Centrum för Rättvisa v Sweden [GC], Application No. 35252/08, paras 326–330. 127 Article 49 of Regulation (EU) 2024/1358 , ILPA, House of Lords Second Reading Briefing, para 86 35 4 Asylum and Immigration Repeal of immigration legislation Clause 37: Repeal of the Safety of Rwanda (Asylum and Immigration) Act 2024
Government Response Summary
The government rejected the recommendation to remove clause 35(7) and (8), stating that the Bill does not disapply data protection safeguards but rather engages a derogation for international transfers, which will still comply with general and special category data principles under UK GDPR.
Government Response
Rejected
HM Government
Rejected
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.