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Content Type: Long Read
Thursday, February 4, 2021
What’s the ruling all about?
The Constitutional Court of South Africa in a historic judgment declared that bulk interception by the South African National Communications Centre is unlawful and invalid. Furthermore, the Constitutional Court found that the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) 1) was deficient in failing to provide at least a post-notification procedure for subjects of interception; 2) failed to ensure the…
Content Type: News & Analysis
Thursday, February 4, 2021
Today, the Constitutional Court of South Africa in a historic judgment declared that bulk interception by the South African National Communications Centre is unlawful and invalid.
The judgment is a confirmation of the High Court of South Africa in Pretoria’s powerful rejection of years of secret and unchecked surveillance by South African authorities against millions of people - irrespective of whether they reside in South Africa.
The case was brought by two applicants, the amaBhungane Centre…
Content Type: News & Analysis
Monday, September 16, 2019
Today, the High Court of South Africa in Pretoria in a historic decision declared that bulk interception by the South African National Communications Centre is unlawful and invalid.
The judgment is a powerful rejection of years of secret and unchecked surveillance by South African authorities against millions of people - irrespective of whether they reside in South Africa.
The case was brought by two applicants, the amaBhungane Centre for Investigative Journalism and journalist Stephen…
Content Type: Long Read
Wednesday, August 21, 2019
It is common ground that bulk collection of content would be a deprivation of the right to privacy. That is an inexcusable or unjustifiable step too far. Repeatedly the Government whether in litigation or legislating, has emphasised that they are not taking content in bulk. Content is the forbidden ground.
This has resulted in the Government seeking to explain, for example, what parts of an email would constitute content and meta data. Within the Investigatory Powers Act it has led to the…
Content Type: Long Read
Thursday, August 15, 2019
Six years after NSA contractor Edward Snowden leaked documents providing details about how states' mass surveillance programmes function, two states – the UK and South Africa – publicly admit using bulk interception capabilities.
Both governments have been conducting bulk interception of internet traffic by tapping undersea fibre optic cables landing in the UK and South Africa respectively in secret for years.
Both admissions came during and as a result of legal proceedings brought by Privacy…
Content Type: Advocacy
Monday, February 25, 2019
In October 2018, Privacy International submitted to the public consultation on the “Consolidated Guidance to Intelligence Officers and Service Personnel on the Detention and Interviewing of Detainees Overseas, and on the Passing and Receipt of Intelligence Relating to Detainees” (“Consolidated Guidance”) held by the Investigatory Powers Commissioner’s Office (“IPCO”).
Privacy International’s submission addresses the portions of the Consolidated Guidance on “the Passing and Receipt of…
Content Type: News & Analysis
Wednesday, November 21, 2018
Data sharing among states is gaining prominence, particularly in light of the need to coordinate counter-terrorism activities across borders. The President of the European Commission put it in stark terms just a couple of months ago: “Terrorists know no borders. We cannot allow ourselves to become unwitting accomplices because of our inability to cooperate.” And several UN Security Council resolutions have emphasized the need for international cooperation in counter-terrorism.
Privacy…
Content Type: Press release
Friday, May 11, 2018
Privacy International (PI) has today sent a detailed report and list of questions to the UK Prime Minister, Theresa May, following her admission that failures in the UK system governing intelligence sharing with international partners helped facilitate the detention, retention and “appalling treatment” of Abdel Hakim Belhaj and Fatima Boudchar.
Yesterday, in a letter written to Belhaj and Boudchar and read out in the UK parliament, Prime Minister May made the extraordinary admission that “The…
Content Type: Advocacy
Tuesday, April 24, 2018
A new Privacy International report based on an international collaborative investigation carried out by 40 NGOs in 42 countries has found alarming weaknesses in the oversight arrangements that are supposed to govern the sharing of intelligence between state intelligence agencies, including in the UK. Privacy International urges governments to enact urgent reforms and improve public understanding about the scope of intelligence sharing and the safeguards and oversight currently in place.
Content Type: Long Read
Tuesday, April 24, 2018
A major new report published today by Privacy International has identified alarming weaknesses in the oversight arrangements that are supposed to govern the sharing of intelligence between state intelligence agencies.
'Secret Global Surveillance Networks: Intelligence Sharing Between Governments and the Need for Safeguards' is based on an international collaborative investigation carried out by 40 NGOs in 42 countries.
Previously undisclosed documents obtained by PI via litigation in the US…
Content Type: Report
Tuesday, April 24, 2018
‘Secret Global Surveillance Networks’ is a major PI report, based on an unprecedented international collaborative investigation carried out by 40 NGOs in 42 countries.
Our research shows that, globally, the sharing of intelligence is alarmingly under-regulated, opening the door to human rights abuses. Intelligence sharing has evolved dramatically with the rise of new surveillance technologies, enabling governments to collect, store, and share vast troves of personal information, including data…
Content Type: News & Analysis
Friday, January 19, 2018
2017 begun with a progressive Human Rights Council resolution on the right to privacy in the digital age, noting that profiling of individuals may lead to discrimination. It ended with a Security Council resolution on counter-terrorism, calling for profiling of all air travellers and widespread collection and sharing of personal data, as well as introducing biometric technologies on a mass scale.
May this be another example of the tension between human rights laws and counter-terrorism policies…
Content Type: Advocacy
Friday, December 1, 2017
In this submission, Privacy International provides the Committee with their observations to the written replies of the Pakistani government and with additional, up to date information to that contained in the brieing submitted to the Committee in advance of the adoption of the list of issues in 2016.
Content Type: News & Analysis
Tuesday, November 7, 2017
For further information on timeline and case history, read this briefing.
Arguments
The argument were based on the written submissions of the parties. The oral statements summarised key points in these submissions.
The submissions can be found on PI’s website under Legal Action. In terms of today’s proceedings (these are now available through webcast)
Counsel for the UK Government, James Eadie QC started off proceedings, his opening arguments were: 1) The issues are of the utmost importance…
Content Type: Long Read
Monday, October 31, 2016
This piece was written by Ashley Gorski, who is an attorney at the American Civil Liberties Union, and PI legal officer Scarlet Kim and originally appeared in The Guardian here.
In recent weeks, the Hollywood film about Edward Snowden and the movement to pardon the NSA whistleblower have renewed worldwide attention on the scope and substance of government surveillance programs. In the United States, however, the debate has often been a narrow one, focused on the rights of Americans under…
Content Type: Long Read
Friday, September 30, 2016
This week, Privacy International, together with nine other international human rights NGOs, filed submissions with the European Court of Human Rights. Our case challenges the UK government’s bulk interception of internet traffic transiting fiber optic cables landing in the UK and its access to information similarly intercepted in bulk by the US government, which were revealed by the Snowden disclosures. To accompany our filing, we have produced two infographics to illustrate the complex process…
Content Type: Press release
Wednesday, July 1, 2015
The UK’s Investigatory Powers Tribunal (IPT) today notified the ten NGO claimants in a legal challenge against GCHQ mass surveillance practices that the Tribunal had mistakenly omitted information about unlawful GCHQ actives in their judgment from ten days ago . In an email to the claimants, including Privacy International, the Court admitted that in its 22nd June 2015 judgment it wrongly failed to declare that Amnesty International had been subject to unlawful surveillance by the British…
Content Type: Long Read
Wednesday, April 22, 2015
Few revelations have been been as troubling for the right to privacy as uncovering the scope of the Five Eyes alliance. The intelligence club made up of Australia, Canada, New Zealand, the United Kingdom and the United States has integrated its collection efforts, staff, bases, and analysis programs. Yet the legal rulebook governing how the agencies ensure the most comprehensive joint surveillance effort in the history of mankind remains secret.
The little that is known suggests a…
Content Type: News & Analysis
Sunday, February 15, 2015
Privacy International, Bytes for All and other human rights groups are celebrating a major victory against the Five Eyes today as the UK surveillance tribunal rules that GCHQ acted unlawfully in accessing millions of private communications collected by the NSA up until December 2014.
Today’s judgement represents a monumental leap forward in efforts to make intelligence agencies such as GCHQ and NSA accountable to the millions of individuals whose privacy they have violated.
The case was…
Content Type: Long Read
Tuesday, February 10, 2015
As Privacy International celebrates Friday's victory against Britain’s security services - the first such victory this century - we cannot help but feel the success is bittersweet.
After all, we may have convinced the Investigatory Powers Tribunal that GCHQ was acting unlawfully in accessing NSA databases filled with billions of emails and messages, but with a few technical adjustments the intelligence services have managed to insure themselves against any further challenge, at least in…
Content Type: Long Read
Wednesday, January 28, 2015
Modern day government surveillance is based on the simple concept of “more is more” and “bigger is better”. More emails, more text messages, more phone calls, more screenshots from Skype calls. The bigger the haystack, the more needles we can find.
Thanks to Edward Snowden, we know that this fundamental idea drives intelligence agencies like the NSA and GCHQ - the desire to collect it all, to generate gigantic haystacks through which to trawl. In the almost two years since the first of Snowden…
Content Type: Long Read
Saturday, November 29, 2014
Many people imagine intelligence sharing to be a practice whereby men in trench coats silently slide manilla envelopes containing anonymous tip-offs or intelligence reports marked TOP SECRET across tables in smoke-filled rooms.
While such practices certainly exist, they represent only a tiny slice of intelligence sharing activities, and are vastly overshadowed by the massive exchange of bulk unanlysed (raw) intelligence data that takes place between the UK and its Five Eyes allies. It is this…
Content Type: Long Read
Wednesday, August 27, 2014
Bad analogies about surveillance technology pervade newspaper reports, politicians’ speeches, and legal arguments. While it’s natural to want simple explanations to understand complex technology, it does us a disservice when governments, the media, or the courts mislead us through analogies that are inadequate. It is even worse if these analogies are used as a basis for policy change.
Privacy International’s legal challenge against GCHQ’s mass surveillance rests on the capability of the judges…
Content Type: News & Analysis
Monday, July 14, 2014
From Monday 14 to Friday 18 July, the British intelligence agencies and the Ministers responsible for them will be under the spotlight in an historic case to determine whether GCHQ's mass communications surveillance activities are a violation of Britain's human rights obligations.
Privacy International, along with Amnesty International, Liberty, the American Civil Liberties Union, Pakistani organisation Bytes for All and others, have brought the case before the Investigatory Powers Tribunal (…
Content Type: News & Analysis
Thursday, January 9, 2014
Privacy International's partner organisation, Bytes for All, has filed a complaint against the Government, decrying the human rights violations inherent in such extensive surveillance and demonstrating how the UK's mass surveillance operations and its policies have a disproportionate impact on those who live outside the country.
Bytes for All, a Pakistan-based human rights organization, filed its complaint in the UK Investigatory Powers Tribunal (IPT), the same venue in which Privacy…
Content Type: Long Read
Wednesday, December 4, 2013
The recent revelations, made possible by NSA-whistleblower Edward Snowden, of the reach and scope of global surveillance practices have prompted a fundamental re- examination of the role of intelligence services in conducting coordinated cross-border surveillance.
The Five Eyes alliance of States – comprised of the United States National Security Agency (NSA), the United Kingdom’s Government Communications Headquarters (GCHQ), Canada’s Communications Security Establishment Canada (CSEC), the…
Content Type: Report
Tuesday, November 26, 2013
The recent revelations, made possible by NSA-whistleblower Edward Snowden, of the reach and scope of global surveillance practices have prompted a fundamental re-examination of the role of intelligence services in conducting coordinated cross-border surveillance.
The Five Eyes alliance of States – comprised of the United States National Security Agency (NSA), the United Kingdom’s Government Communications Headquarters (GCHQ), Canada’s Communications Security Establishment Canada (CSEC), the…
Content Type: News & Analysis
Tuesday, November 26, 2013
With the launch of the "Eyes Wide Open" project, Privacy International has put together a fact sheet about the secretive Five Eyes alliance. Consider this a guide to the secret surveillance alliance that has infiltrated every aspect of the modern global communications system.
Beginning in 1946, an alliance of five English-speaking countries (the US, the UK, Australia, Canada and New Zealand) developed a series of bilateral agreements over more than a decade that became known as the UKUSA…
Content Type: News & Analysis
Sunday, July 7, 2013
The following excerpt is from a posting in the Guardian's Comment is Free by Carly Nyst, Privacy International's Head of International Advocacy.
"In order to challenge a secret surveillance system, and to demand the government explains why it is spying on British citizens, one must apply to a secret tribunal that does not make public its proceedings or the reasons for its decision. It may seem like an Orwellian fantasy, but this is the stark reality of the British legal system.
It's called…