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Content Type: Long Read
Friday, July 23, 2021
Case: Privacy International v Secretary of State for Foreign and Commonwealth Affairs and others
Last update: July 2021
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
Friday, July 23, 2021
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on our challenge to the UK bulk communications regime finding that section 94 of the Telecommunications Act 1984 (since repealed by the Investigatory Powers Act 2016) was incompatible with EU law human rights standards.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 can find…
Content Type: Long Read
Wednesday, May 26, 2021
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
Tuesday, May 25, 2021
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
Tuesday, May 25, 2021
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 in…
Content Type: Press release
Tuesday, May 25, 2021
Privacy International (PI), together with Hermes Center for Transparency and Digital Human Rights, Homo Digitalis and noyb - the European Center for Digital Rights, has today filed a series of legal complaints against Clearview AI, Inc. The facial recognition company claims to have “the largest known database of 3+ billion facial images”. The complaints were submitted to data protection regulators in France, Austria, Italy, Greece and the United Kingdom.
As our complaints detail, Clearview AI…
Content Type: News & Analysis
Thursday, March 11, 2021
Unwanted Witness’ research into Safeboda highlighted the company’s failure to comply with some of the law's core data protection principles, with a number of implications for the exercise of data subject rights. The enforcement action against Safeboda by National Information Technology Authority, Uganda (NITA-U) requires the company to make fundamental changes to how they handle people's personal data in order to comply with the Data Protection and Privacy Act, 2019.
This first landmark…
Content Type: Video
Friday, February 5, 2021
Links
Find out more about general warrants and out case
Listen to our last podcast with Caroline - about a ruling in the European Union's top court that UK, French and Belgian mass surveillance regimes must respect privacy: Judgement Day
And make sure we can keep taking these fights to court: support.privacyinternational.org
You can listen and subscribe to the podcast where ever you normally find your podcasts:
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Pocket Casts…
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: Advocacy
Thursday, January 28, 2021
Esta carta también está disponible en inglés.
Estimados Sres. Zuckerberg y Pichai,
En los últimos años, ustedes han sido pioneros en la creación de importantes herramientas de transparencia para ayudar a los usuarios de su plataforma a entender, conocer y contextualizar la propaganda electoral a las cuales se ven expuestos. Estamos de acuerdo en que los procesos de verificación de anunciantes y los repositorios de anuncios son salvaguardas claves contra la manipulación y la desinformación en…
Content Type: News & Analysis
Friday, January 8, 2021
Today, the UK High Court has quashed a decision by the Investigatory Powers Tribunal (IPT) and held that section 5 of the Intelligence Services Act (ISA) 1994 does not permit the issue of general warrants to authorise property interference and certain forms of computer hacking.
The Court referred to cases dating back to the 18th century, which demonstrate the common law’s insistence that the Government cannot search private premises without lawful authority even in the national security…
Content Type: Press release
Friday, January 8, 2021
Today, the UK High Court has quashed a decision by the Investigatory Powers Tribunal (IPT), and ruled that section 5 of the Intelligence Services Act (ISA) 1994 does not permit the issuing of general warrants to authorise property interference and certain forms of computer hacking.
The Court referred to cases dating back to the 18th century, which demonstrate the common law’s insistence that the Government cannot search private premises without lawful authority even in the context of national…
Content Type: Frequently Asked Questions
Tuesday, October 27, 2020
On 27 October 2020, the UK Information Commissioner's Office (ICO) issued a report into three credit reference agencies (CRAs) - Experian, Equifax and TransUnion - which also operate as data brokers for direct marketing purposes.
After our initial reaction, below we answer some of the main questions regarding this report.
Content Type: News & Analysis
Tuesday, October 27, 2020
Privacy International (PI) welcomes today's report from the UK Information Commissioner's Office (ICO) into three credit reference agencies (CRAs) which also operate as data brokers for direct marketing purposes. As a result, the ICO has ordered the credit reference agency Experian to make fundamental changes to how it handles people's personal data within its offline direct marketing services.
It is a long overdue enforcement action against Experian.
Read our Q&A on the report here.…
Content Type: Long Read
Q&A: EU's top court rules that UK, French and Belgian mass surveillance regimes must respect privacy
Tuesday, October 6, 2020
Content Type: Press release
Tuesday, October 6, 2020
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: Press release
Thursday, September 24, 2020
A joint press release from Privacy International, Reprieve, CAJ, and the Pat Finucane Centre.
Agents of MI5 and other Government bodies could be legally authorised to commit crimes under new legislation introduced today. There appear to be no express limits in the legislation on the types of crime which could be authorised.
The Covert Human Intelligence Sources (Criminal Conduct) Bill appears not to explicitly prohibit the authorisation of murder, torture, or sexual violence. Reprieve,…
Content Type: Report
Tuesday, September 15, 2020
Privacy International partnered with the International Human Rights Clinic at Harvard Law School to guide the reader through a simple presentation of the legal arguments explored by national courts around the world who have been tasked with national courts that discuss the negative implications of identity systems, particularly on human rights, and to present their judgement.
This argumentation guide seeks to fill that gap by providing a clear, centralised source of the arguments advanced in…
Content Type: Report
Friday, September 11, 2020
Many countries in the world have existing ID cards - of varying types and prevalence - there has been a new wave in recent years of state “digital identity” initiatives.
The systems that states put in place to identify citizens and non-citizens bring with them a great deal of risks.
This is particularly the case when they involve biometrics - the physical characteristics of a person, like fingerprints, iris scans, and facial photographs.
Activists and civil society organisations around the…
Content Type: Report
Friday, September 11, 2020
A common theme of all major pieces of national jurisprudence analyzing the rights implications of national identity system is an analysis of the systems’ impacts on the right to privacy.
The use of any data by the State including the implementation of an ID system must be done against this backdrop with respect for all fundamental human rights. The collection of data to be used in the system and the storage of data can each independently implicate privacy rights and involve overlapping and…
Content Type: Report
Friday, September 11, 2020
National identity systems naturally implicate data protection issues, given the high volume of data necessary for the systems’ functioning.
This wide range and high volume of data implicates raises the following issues:
consent as individuals should be aware and approve of their data’s collection, storage, and use if the system is to function lawfully. Despite this, identity systems often lack necessary safeguards requiring consent and the mandatory nature of systems ignores consent entirely…
Content Type: Report
Friday, September 11, 2020
While identity systems pose grave dangers to the right to privacy, based on the particularities of the design and implementation of the ID system, they can also impact upon other fundamental rights and freedoms upheld by other international human rights instruments including the International Covenant on Civil and Political Right and the International Covenant on Economic, Social and Cultural Rights such as the right to be free from unlawful discrimination, the right to liberty, the right to…
Content Type: Report
Friday, September 11, 2020
Rather than providing a list of arguments, as is the case in the other sections of this guide, the fifth section provides a general overview describing the absence of consideration of these themes in existing jurisprudence and the reasons why these themes warrant future consideration including identity systems’ implications for the rule of law, the role of international human rights law, and considerations of gender identity.
Democracy, the Rule of Law and Access to Justice: This analysis of…
Content Type: Press release
Monday, July 27, 2020
MI6 has been forced to apologise to the Investigatory Powers Tribunal after two of its officers asked court staff to return documents relating to MI6’s use of agents and not show them to judges. The Tribunal suggested MI6’s actions were “inappropriate interference”.
The revelation emerged in an ongoing legal case considering what crimes intelligence informants are allowed to commit, after it was revealed that MI5 maintains a secret policy under which agents can be “authorised” to commit…
Content Type: Advocacy
Wednesday, July 8, 2020
Privacy International and Hiperderecho made a joint submission to the UN Committee on the Elimination of all Forms of Discrimination Against Women (CEDAW) ahead of the Committee finalising the list of issues for the examination of Peru.
The submission builds on research commissioned by Privacy International and carried out by Hiperderecho on the state of reproductive rights in Peru, and how their exercise intersects with privacy and tech.
The submission is available in both English and…
Content Type: News & Analysis
Wednesday, July 1, 2020
In September 2019, PI published the report Your Mental Health for Sale. Our investigation looked into popular mental health websites and their data sharing practices.
Our findings suggest that, at the time of the research, most websites we looked at were using third party tracking for advertising purposes, sometimes relying on programmatic advertising technologies such as Real Time Bidding (RTB), sharing personal data with potentially thousands of actors. Some websites were also found sharing…
Content Type: Report
Thursday, June 25, 2020
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
Wednesday, June 24, 2020
Name: Google/Fitbit mergerAge: GestatingAppearance: A bit dodgy. One of the world’s biggest tech giants, trying to purchase a company that makes fitness tracking devices, and therefore has huge amounts of our health data.I don’t get it. Basically Google is trying to buy Fitbit. As if Google doesn’t already have enough data about us, it now wants huge amounts of health data too.Oh, Fitbit, that’s that weird little watch-type-thing that people get for Christmas, wear for about a month while they…