The UK’s initiative to implement a migrant tagging scheme has faced significant scrutiny after the Information Commissioner’s Office (ICO) declared it in violation of data protection laws. The scheme, spearheaded by the Home Office between August 2022 and December 2023, involved fitting GPS monitoring tags on up to 600 migrants placed on immigration bail in the UK. However, this week, the ICO concluded that the scheme failed to adequately assess the privacy intrusion posed by GPS monitoring and didn’t provide migrants with clear information on data collection purposes.
The ICO issued an enforcement notice and warning to the Home Office, highlighting its failure to sufficiently evaluate privacy risks associated with electronic monitoring of migrants. The tagging scheme, designed to maintain contact with asylum seekers and reduce absconding risks, was criticized by the ICO and Privacy International for its highly intrusive nature and lack of consideration for vulnerable migrants’ circumstances.
According to UK Information Commissioner John Edwards, constant monitoring reveals sensitive information about individuals and could inhibit their daily activities. Edwards emphasized the need for clear justifications for such intrusive measures and warned against compromising individuals’ privacy rights.
While the ICO urged the Home Office to improve privacy information and data protection impact assessments, Privacy International hailed the ICO’s decision as a significant win against the UK’s hostile environment policy towards migrants. They emphasized that migrants have the same data protection rights as everyone else and underscored the ICO’s order as a deterrent against sharing data with other organizations.
Despite the ICO’s ruling, the Home Office plans to continue tagging migrants, albeit on a smaller scale. Privacy International emphasized that data protection laws alone may not suffice to counter harmful anti-migrant policies, urging for broader reforms to protect migrants’ rights and dignity.