Key Facts
- •Mr. Boris Karpichkov, a former KGB double agent and British citizen, alleges the National Crime Agency (NCA) unlawfully disclosed his new identity and UK address to Latvian authorities.
- •The disclosures allegedly led to death threats against Karpichkov.
- •The NCA argues the disclosures were legally required under EU law governing information exchange between member states regarding criminal suspects.
- •The case centers on the interplay between EU law on European Arrest Warrants (EAWs) and data protection laws, specifically the Data Protection Act 2018 (DPA) and the Law Enforcement Directive (LED).
- •The events occurred before Brexit, while the UK was a full EU member.
Legal Principles
Data Protection Principles (DPPs)
Data Protection Act 2018 (DPA)
Law Enforcement Directive (LED)
Directive (EU) 2016/680
European Arrest Warrant (EAW) Framework
Council Framework Decision 2002/584/JHA
Schengen Information System II (SIS II)
Council Decision 2007/533/JHA
SIRENE Manual
EU Commission Decision (EU) 2017/1528
Misuse of Private Information (MPI)
Common Law
Article 3 ECHR
European Convention on Human Rights
Article 6 ECHR
European Convention on Human Rights
Article 8 ECHR
European Convention on Human Rights
Outcomes
The NCA's application to strike out the claim or grant summary judgment is dismissed.
The court found that it was arguable the NCA should have considered whether the disclosures were truly 'required' by applicable law, taking into account human rights and EU Charter provisions given the specific factual background. The court determined that if disclosure would breach fundamental rights, it would not be strictly 'required' under Art 1(2)(b) of the LED. Therefore, the case proceeds to trial.