R (El Gizouli) v Secretary of State for the Home Department

Subject Matter

CRIME — Letters of request — Criminal investigation — United States requesting mutual legal assistance from United Kingdom in relation to criminal investigation of British citizen held in Syria — United States authorities seeking to prosecute individual in United States 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 common law prohibiting removal of individual outside jurisdiction to third country where death penalty might be imposed — Human Rights Act 1998 (c 42), Sch 1, Pt I

[2019] EWHC 60 (Admin); [2019] 1 WLR 3463; [2019] 3 All ER 598; [2019] WLR (D) 87; [2019] WLR(D) 87, QBD

DATA PROTECTION — Personal data — Access to — Secretary of State providing mutual legal assistance to United States authorities in relation to criminal investigation of British citizen held in Syria — Whether statute precluding processing of personal data for use in criminal proceedings which might lead to death penalty — Whether provision of information breaching data protection principles — Data Protection Act 2018 (c 12), Pt 3 — Parliament and Council Directive (EU) 2016/680 — Charter of Fundamental Rights of the European Union, art 2(2)

[2019] EWHC 60 (Admin); [2019] 1 WLR 3463; [2019] 3 All ER 598; [2019] WLR (D) 87; [2019] WLR(D) 87, QBD

DATA PROTECTION — Personal data — Transfer of data to third countries — Secretary of State transferring suspect’s personal data to United States authorities for purposes of investigation into serious criminal offences — Secretary of State failing to obtain assurance that death penalty would not be used — Whether transfer meeting statutory requirements — Whether transfer based on there being “appropriate safeguards” — Whether transfer based on “special circumstances” — Data Protection Act 2018 (c 12), ss 73, 75, 76 — Parliament and Council Directive (EU) 2016/680, recital (71)

[2020] UKSC 10; [2020] 2 WLR 857; [2020] 3 All ER 1; [2020] WLR (D) 188; Case details, SC(E)

CRIME — Letters of request — Criminal investigation — Secretary of State providing mutual legal assistance to United States authorities for purposes of investigation into serious criminal offences — Secretary of State failing to obtain assurance that death penalty would not be used — Whether provision of assistance lawful — Whether common law prohibiting provision of assistance which might facilitate death penalty

[2020] UKSC 10; [2020] 2 WLR 857; [2020] 3 All ER 1; [2020] WLR (D) 188; Case details, SC(E)

Appellate History

Commentary

Panopticon blog
Law Enforcement Processing and the Scope of EU Law: Easy-Peasy Right? Case comment

UK Supreme Court Blog
New Judgment: Elgizouli (AP) v Secretary of State for the Home Department [2020] UKSC 10 Case comment

Panopticon blog
Substantial compliance just won’t do: Supreme Court on international data transfers under DPA Part 3 Case comment