Supreme Court—providing US with police data on alleged Islamic State killer was unlawful (Elgizouli v Secretary of State for the Home Department)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the Supreme Court decide?
• Case details

Article summary

Corporate Crime analysis: The Supreme Court has ruled that there is no common law principle that the UK should not give mutual legal assistance (MLA) to another country to facilitate the prosecution of someone who might then be sentenced to death in that other country. However, the court held that the respondent Home Secretary’s provision to the US of evidence gathered by the police in relation to the appellant’s son, who is alleged to have been responsible for beheading hostages in the Islamic State, had been unlawful under the Data Protection Act 2018 (DPA 2018). Victoria Wakefield QC, barrister at Brick Court Chambers, examines the court’s decision.