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Content Type: Report
Over the past years, data retention regulation imposing generalised and indiscriminate data retention obligations to telecommunication companies and Internet service provides has been introduced in various jurisdictions across the world. As the data retention practices across the world have evolved this new report is an attempt to shed some light on the current state of affairs in data retention regulation across ten key jurisdictions. Privacy International has consulted with human…
Content Type: News & Analysis
We have been fighting for transparency and stronger regulation of the use of IMSI catchers by law enforcement in the UK since 2016. The UK police forces have been very secretive about the use of IMSI catchers – maintaining a strict “neither confirm nor deny” (NCND) policy. In our efforts to seek greater clarity we wrote to the UK body which monitors the use of covert investigatory powers, the Investigatory Powers Commissioner’s Office (IPCO), asking the Commissioner to revisit this…
Content Type: Long Read
Case: Privacy International v Secretary of State for Foreign and Commonwealth Affairs and others
Last update: December 2022
Summary
The UK Security and Intelligence Agencies (SIAs) – including Government Communications Headquarters (GCHQ), Security Service and Secret Intelligence Service – have been building massive comprehensive datasets of information on each and every individual. They have been collecting and combining information from multiple sources on unclear legal bases and with minimal…
Content Type: News & Analysis
What happened
On 22 July 2021, the Investigatory Powers Tribunal (IPT) issued a declaration on our challenge to the UK bulk communications regime finding that section 94 of the Telecommunications Act 1984 (since repealed by the Investigatory Powers Act 2016) was incompatible with EU law human rights standards. The result of the judgment is that a decade’s worth of secret data capture has been held to be unlawful. The unlawfulness would have remained a secret but for PI’s work.
You…
Content Type: Long Read
The Grand Chamber of the European Court of Human Rights ruled that the UK government’s historical mass interception program violates the rights to privacy and freedom of expression. The Court held that the program “did not contain sufficient “end-to-end” safeguards to provide adequate and effective guarantees against arbitrariness and the risk of abuse.” As a result the Court ruled that UK law "did not meet the “quality of law” requirement and was therefore incapable of keeping the “…
Content Type: Long Read
On 25 May 2021, the European Court of Human Rights issued its judgment in Big Brother Watch & Others v. the UK. Below, we answer some of the main questions relating to the case.
After our initial reaction, below we answer some of the main questions relating to the case.
NOTE: This post reflects our initial reaction to the judgment and may be updated.
What’s the ruling all about?
In a nutshell, one of the world’s most important courts, the Grand Chamber of the European Court of Human…
Content Type: Press release
The Grand Chamber of the European Court of Human Rights has today ruled that UK mass surveillance laws violate the rights to privacy and freedom of expression.
It found that:
The UK’s historical bulk interception regime violated the right to privacy protected by Article 8 of the European Convention on Human Rights and freedom of expression, protected by Article 10. Particularly it found that:
the absence of independent authorisation,
the failure to include the categories of selectors…
Content Type: Long Read
Q&A: EU's top court rules that UK, French and Belgian mass surveillance regimes must respect privacy
Content Type: Press release
By treating everyone as a suspect, the bulk data collection or retention regimes engage European fundamental rights to privacy, data protection, freedom of expression, as guaranteed respectively by Articles 7, 8, and 11 of the EU Charter of Fundamental Rights.
Caroline Wilson Palow, Legal Director of Privacy International, said:
"Today’s judgment reinforces the rule of law in the EU. In these turbulent times, it serves as a reminder that no government should be above the law. Democratic…
Content Type: Long Read
An edited version of this article was originally published on the EDRi website in September 2020.
Introduction
Monopolies, mergers and acquisitions, anti-trust laws. These may seem like tangential or irrelevant issues for privacy and digital rights organisations. But having run our first public petition opposing a big tech merger, we wanted to set out why we think this is an important frontier for people's rights across Europe and indeed across the world.
In June, Google notified the…
Content Type: Report
The majority of people today carry a mobile phone with them wherever they go, which they use to stay connected to the world. Yet an intrusive tool, known as an International Mobile Subscriber Identity catcher, or “IMSI catcher” is a form of surveillance equipment that enables governments and state authorities to conduct indiscriminate surveillance of mobile devices, and by extension, on users.
IMSI catchers can do much more than monitor and intercept mobile communications. Designed to imitate…
Content Type: News & Analysis
IMSI catchers (or stingrays as they are known in the US) are one of the surveillance technologies that has come to the forefront again in the protests against police brutality and systemic racism that have been sparked by the murder of George Floyd on 25 May 2020.
An International Mobile Subscriber Identity catcher – in short an “IMSI catcher” – is an intrusive piece of technology that can be used to locate and track all mobile phones that are switched on in a certain area. It does so by…
Content Type: News & Analysis
Today Advocate General (AG) Campos Sánchez-Bordona of the Court of Justice of the European Union (CJEU), issued his opinions (C-623/17, C-511/18 and C-512/18 and C-520/18) on how he believes the Court should rule on vital questions relating to the conditions under which security and intelligence agencies in the UK, France and Belgium could have access to communications data retained by telecommunications providers.
The AG addressed two major questions:
(1) When states seek to impose…
Content Type: Long Read
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…
Content Type: News & Analysis
Today, Privacy International, along with nine other NGOs including Liberty and Amnesty International, attended a hearing before the Grand Chamber of the European Court of Human Rights (ECtHR) to revisit the Court's first ruling on our case challenging UK mass surveillance and intelligence sharing. In September 2018, the First Section of the ECtHR ruled that the UK government's mass interception program violates the rights to privacy and freedom of expression. Notwithstanding the positve aspects…
Content Type: Long Read
Yesterday, the European Court of Human Rights issued its judgement in Big Brother Watch & Others V. the UK. Below, we answer some of the main questions relating to the case.
What's the ruling all about?
In a nutshell, one of the world's most important courts, the European Court of Human Rights, yesterday found that certain UK laws about how intelligence agencies can spy on our internet communications breach our human rights. These surveillance laws have meant that the UK intelligence…
Content Type: Long Read
TO TAKE PART IN OUR CAMPAIGN, RIGHT CLICK ON THE PICTURES BELOW, SAVE THEM, AND SHARE THEM ON SOCIAL MEDIA TAGGED #SPYPOLICE
Have you ever been to a peaceful protest, demo or march? Did you assume that the police would only be identifying 'troublemakers'? How would you feel if just by turning up at a peaceful protest, the police automatically identified you, without your consent or knowledge, and stored personal information about you (including photographs of your face) in a secret database?…
Content Type: Press release
Key points
Privacy International, Liberty, Amnesty International, and seven other human rights organizations challenge UK mass surveillance and UK access to US mass surveillance at the European Court of Human Rights
This is the first case before the European Court of Human Rights to directly challenge UK and US mass surveillance revealed by the Snowden disclosures
National courts and oversight bodies have failed to rein in mass surveillance practices that impact hundreds of millions of…
Content Type: Press release
The Investigatory Powers Tribunal (IPT) today revealed that the UK Government Communications Headquarters (GCHQ) spied on two international human rights organisations, failed to follow ITS own secret procedures and acted unlawfully.
The targeted NGOs are the South African Legal Resources Centre (LRC) and the Egyptian Initiative for Personal Rights (EIPR). Both are leading civil liberties organisations and co-claimants alongside Privacy International, Liberty,…
Content Type: Press release
Privacy International and several other human rights organisations are taking the UK Government to the European Court of Human Rights over its mass surveillance practices, after a judgement last year found that collecting all internet traffic flowing in and out of the UK and bulk intelligence sharing with the United States was legal.
The appeal, filed last week by Privacy International, Bytes for All, Amnesty International, Liberty, and other partners, comes in response to a…
Content Type: News & Analysis
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…
Content Type: Long Read
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: Press release
British intelligence services acted unlawfully in accessing millions of people’s personal communications collected by the NSA, the Investigatory Powers Tribunal ruled today. The decision marks the first time that the Tribunal, the only UK court empowered to oversee GHCQ, MI5 and MI6, has ever ruled against the intelligence and security services in its 15 year history.
The Tribunal declared that intelligence sharing between the United States and the…
Content Type: News & Analysis
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: News & Analysis
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…
Content Type: Press release
In the wake of revelations that the UK Government is accessing wide-ranging intelligence information from the US and is conducting mass surveillance on citizens across the UK, Privacy International today commenced legal action against the Government, charging that the expansive spying regime is seemingly operated outside of the rule of law, lacks any accountability, and is neither necessary nor proportionate.
The claim, filed in the Investigatory Powers Tribunal (IPT), challenges the UK…