The Home Office has received an enforcement notice and warning from the Information Commissioner's Office (ICO) over a pilot project using GPS ankle tags to monitor the movement of up to 600 migrants in the UK.
The purpose of the Home Office pilot, which ended in December 2023, was to assess electronic monitoring as a way for immigration officers to maintain contact with people on bail and as an alternative to detention.
After campaign group Privacy International raised concerns about the scheme, the ICO's investigations found that the Home Office was unable to adequately explain why it was necessary or proportionate to collect personal data using electronic surveillance for the purposes of the pilot , evaluate and use It could not be demonstrated that it had considered less intrusive methods.
The data regulator also said that the Home Office had not adequately assessed the invasion of privacy caused by the continuous collection of people's location information.
In addition, the Home Office has failed to provide those flagged with clear and easily accessible information about what personal data is collected, how it is used, how long it is retained and with whom it is shared.
Home Office guidance also did not provide sufficient instructions to staff on when electronic monitoring of individuals would be necessary and proportionate as a condition of immigration bail, the data watchdog said.
Although the pilot ended at the end of last year, the Home Office will continue to have access to personal data collected during the pilot until all data has been deleted or anonymized. This means that there is still a possibility that the information will be accessed and used not only by the Home Office but also by other third party organizations.
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Commenting on the pilot and the ICO's investigations, John Edwards, the UK Information Commissioner, said: “Accessing someone's movements 24/7 is extremely intrusive as it is likely to reveal a lot of information about them, including the possibility of accessing sensitive data close.” Information such as religion, sexuality or health status. A lack of clarity about how this information is used can also inadvertently affect people's freedom of movement and freedom to participate in everyday activities.
“If such information were mishandled or misinterpreted, it could have potentially damaging consequences for people and their future. The Home Office did not adequately assess these risks, meaning the pilot was not legally compliant.
“We recognize the Home Office’s vital work in keeping the UK safe and it is up to them to decide what action is needed to achieve this. But I am sending a clear warning to the Home Office that it cannot take the same approach in the future. It is our duty to protect people’s information rights regardless of their circumstances.”
The enforcement notice issued by the ICO directs the Home Office to update its internal policies, access policies and data protection information in relation to the data retained from the pilot scheme.
The notice is accompanied by a formal warning indicating that any future processing by the Home Office on the same basis will breach data protection law and will give rise to enforcement action.
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