On 31 January 2022, the Data Protection Act 2018 (Amendment of Schedule 2 Exemptions) Regulations 2022 came into force.(1)

The legislation became necessary following the Court of Appeal's decision in May 2021 in R v Secretary of State for the Home Department,(2) which ruled that the immigration exemption under paragraph 4 of Schedule 2 to the Data Protection Act 2018, which disapplies some data protection rights where their application would be likely to prejudice immigration control, did not fully comply with article 23(2) of the UK General Data Protection Regulation. The Court of Appeal suspended its order until 31 January 2022 in order to provide reasonable time for the 2018 Act to be amended to remedy the incompatibility.

For further information on this topic please contact Christina Henry at Wiggin by telephone (+44 20 7612 9612) or email ([email protected]). The Wiggin website can be accessed at www.wiggin.co.uk.


(1) For further information on the legislation see here.

(2) [2021] EWCA Civ 800.