ILPA's Journal of Immigration, Asylum and Nationality Law has published an article co-written by LDI Paralegal Catriona Fraser Barclay
Thursday 14 September
Abstract
The UK Government wants to become a global AI superpower. This article demonstrates that the Government’s existing implementation of data protection law and current practices in respect of aliens’ data do not provide an adequate foundation upon which a new AI strategy should be developed. The article focuses on the link between personal data and AI to address the importance that the UK Government maintain personal data protection standards. With respect to the national AI strategy and the Data Protection and Digital Information Bill No 2, it is clear that, in the UK Government’s desire to diverge from European standards on data protection and privacy following Brexit it is undermining data protection rights in the process, including the right to informed consent to data use and the purpose limitation principle. The article questions the UK’s continuing compliance with respect to the efficacy of the EU Adequacy Decision and the immigration ‘carve out’. Against this background, the UK is in a weak position to provide assurances that the personal data standards for aliens and British citizens will be safeguarded under the new strategy. The article exemplifies this through four case studies focusing on the current practices regarding the exchange of aliens’ data under the UK-US Agreement, the immigration exemption, the illegal acquisition of aliens’ personal data contrary to UK law, and the Foxglove / Joint Council for the Welfare of Immigrants (JCWI) litigation on the use of AI tools in visa processing. The article establishes that there are substantial issues at stake in changing UK data protection standards with implications for both the public and private sector.
