di Pamela Martino
La sentenza relativa al caso Elgizouli v Secretary of State for the Home Department [2020] UKSC 10 è la prima occasione in cui la Corte suprema si è pronunciata in ordine all’applicazione della terza parte del Data Protection Act 2018 dedicata al law enforcement processing. L’occasione è ghiotta per riprendere le fila dei limiti previsti dal common law all’esercizio dei poteri di prerogativa passando per la garanzia del diritto alla vita.
Abstract
The Prerogative Powers Being Examined by the UK Supreme Court in Elgizouli: Evolutive Perspectives of Common Law and New Frontiers of Judicial Review
The UK Supreme Court in Elgizouli held that it was not the common law but rather a failure by the Home Secretary to consider his duties under the Data Protection Act 2018 that rendered the decision of the then Home Secretary to hand over evidence to US authorities unlawful.
The focus on common-law rights raises questions about their interaction with the HRA and how we know what the common law protects. It is clear that the relationship between the common law and the HRA is not settled, and Elgizouli is another case demonstrating radically different approaches. The judgement adds to the debate about which rights are protected by the common law, how the courts identify those rights and the issue of rationality, arguing that the factual context of the case warranted a greater examination of the Home Secretary’s decision.