The Home Office could be blocked from deporting migrants and foreign criminals over its “unlawful” use of algorithms to decide if they should be removed.

Privacy International, a charity which successfully challenged electronic tagging of asylum seekers, has submitted a 94-page complaint to the Information Commissioner alleging that the Home Office is breaking data laws on the way it deports and monitors migrants.

Its claim, if successful, could delay and even block deportations of migrants and foreign national criminals, a key plank in Sir Keir Starmer’s policy to deter Channel crossings and reverse the record numbers reaching the UK.

Privacy International brought a similar action against the “unlawful” use of electronic tags on migrants. It was upheld by the Information Commissioner, who took enforcement action requiring the Home Office to halt the practice or risk prosecution under privacy laws.


The new legal action centres on two algorithms developed by the Home Office to enable its case workers to identify migrants for detention and deportation and to determine whether they should be tagged while on immigration bail.

The algorithms use information about a migrant – including their nationality, age, personal history and immigration claim – to generate a recommendation for caseworkers on whether they should be detained, deported and tagged.

Privacy International claims the automated recommendations operate in a way that is biased towards deporting and keeping the migrants on tags in breach of their human rights.