Elgizouli (Appellant) v Secretary of State for the Home Department (Respondent)

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Case summary

Case ID

UKSC/2019/0057

Parties

Appellant(s)

Maha Elgizouli

Respondent(s)

Secretary of State for the Home Department

Intervener(s)

1) The Information Commissioner

2) Professor Heyns

3) The Death Penalty Project

4) Reprieve

Issue

(a) Whether it is unlawful for the Secretary of State to exercise his power to provide mutual legal assistance so as to provide evidence to a foreign state that will facilitate the imposition of the death penalty in that state on the individual in respect of whom the evidence is sought. (b) Whether (and if so in what circumstances) it is lawful under Part 3 of the Data Protection Act 2018, as interpreted in light of relevant provisions of European Union data protection law, for enforcement authorities in the UK to transfer personal data to law enforcement authorities abroad for use in capital criminal proceedings.

Facts

The appellant’s son is alleged to have been one of a group of British terrorists operating in Syria, involved in the murder of US citizens. In June 2015, the US made a mutual legal assistance (‘MLA’) request to the UK in relation to an investigation into the activities of that group. The Home Secretary at the time requested an assurance that the information would not be used directly or indirectly in a prosecution that could lead to the imposition of the death penalty. However, the US would only provide an assurance that the information would not be used directly in a trial that could lead to the death penalty. Ultimately, in June 2018, the Home Secretary agreed to provide the information to the US without requiring any assurance whatsoever. The appellant challenged that decision by way of judicial review.