The WLR Daily case summaries
[2019] WLR (D) 87
Queen’s Bench Division
Regina (El Gizouli) v Secretary of State for the Home Department
[2019] EWHC 60 (Admin)
2018 Oct 8, 9; 2019 Jan 18
Lord Burnett of Maldon LCJ, Garnham J
Crime— Letters of request— Criminal investigation— United States requesting requiring mutual legal assistance from United Kingdom in relation to criminal investigation of individual— US authorities seeking to prosecute individual in US for offences carrying death penalty— Secretary of State agreeing to provide mutual legal assistance without requiring assurance that death penalty not to be used— Whether Secretary of State’s decision lawful— Whether “non-facilitation” principle precluding provision of mutual legal assistance in proceedings where individual might face death penalty
Data protection— Personal data— Access to— United States requesting requiring mutual legal assistance from United Kingdom in relation to criminal investigation of individual— US authorities seeking to prosecute individual in US for offences carrying death penalty— Secretary of State agreeing to provide mutual legal assistance without requiring assurance that death penalty not to be used— Whether Secretary of State’s decision breaching data protection principles— —
Data Protection Act 2018, Pt 3
—
Parliament and Council Directive (EU)
2016/680