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Migrants’ Rights Network granted permission for judicial review of patient data-sharing agreement between NHS Digital and the Home Office

Related Member(s):
Guy Vassall-Adams QC, Aidan Wills, Sarah Hannett
Related Practice Area(s):
Media and Information Law, Public Law

Migrants’ Rights Network has been granted permission to apply for judicial review of a memorandum of understanding (MoU) under which non-clinical patient data is shared between NHS Digital and the Home Office for the purposes of immigration enforcement. The MoU is being challenged on the basis that it breaches privacy and data protection rights under the Convention and the Charter, discriminates against patients who are subject to immigration control; indirectly discriminates against disabled and female migrants; and that the defendants are in breach of the PSED. Mrs Justice Yip granted permission on all grounds. Guy Vassall-Adams QC, Sarah Hannett and Aidan Wills are involved in this case and instructed by Lara ten Caten of Liberty.