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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: News & Analysis
The UK government has acknowledged that section 8(4) of the Regulation of Investigatory Powers Act (“RIPA”) (which has since been repealed) violated Articles 8 and 10 of the European Convention on Human Rights (ECHR). In relation to Article 10, it specifically acknowledged that the way in which security agencies handled confidential journalistic material violated fundamental rights protected by Article 10.
As part of a friendly settlement with two applicants, the UK government acknowledged…
Content Type: Report
First published in 2017, “PI’s Guide to International Law and Surveillance” is an attempt to collate relevant excerpts from these judgments and reports into a single principled guide that will be regularly updated. This is the third edition of the Guide. It has been updated it to reflect the most relevant legal developments until December 2021.Despite its name, the Guide isn’t just aimed at lawyers. It aspires to be a handy reference tool for anyone engaging in campaigning, advocacy, and…
Content Type: Advocacy
The Office of the Privacy Commissioner of Canada has developed draft privacy guidance for police agencies' use of FRT, with a view to ensuring any use of FRT "complies with the law, minimizes privacy risks, and respects privacy rights". The Commissioner is undergoing consultation in relation to this guidance.
Privacy International and the Canadian Civil Liberties Association ("CCLA") welcome the Commissioner's efforts to strengthen the framework around police use of facial recognition, and the…
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: Video
On 6 February 2021, the Constitutional Court of South Africa in a historic judgment declared unconstitutional years of secret and unchecked surveillance by South African authorities against millions of people - irrespective of whether they reside in South Africa.
The Court powerfully placed the judgment in historical context:
The constitutionally protected right to privacy seeks to be one of the guarantees that South Africa will not again act like the police state that it was under apartheid…
Content Type: Long Read
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
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
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
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: Long Read
Tucked away in a discrete side street in Hungary’s capital, the European Union Agency for Law Enforcement Training (CEPOL) has since 2006 operated as an official EU agency responsible for developing, implementing, and coordinating training for law enforcement officials from across EU and non-EU countries.
Providing training to some 29,000 officials in 2018 alone, it has seen its budget rocket from €5 million in 2006 to over €9.3 million in 2019, and offers courses in everything from…
Content Type: Frequently Asked Questions
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
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.…
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: Call to Action
Google wants to know everything about you.
It already holds a massive trove of data about you, but by announcing its plans to acquire the health and fitness tracker company Fitbit, it now clearly wants to get its hands on your health too. We don’t think any company should be allowed to accumulate this much intimate information about you. This is why we’re trying to stop its merger with Fitbit.
Google and Fitbit need the European Commission’s approval before they can merge. The merger would…
Content Type: Press release
Today, the ICO has issued a long-awaited and critical report on Police practices regarding extraction of data from people's phones, including phones belonging to the victims of crime.
The report highlights numerous risks and failures by the police in terms of data protection and privacy rights. The report comes as a result of PI’s complaint, dating back to 2018, where we outlined our concerns about this intrusive practice, which involves extraction of data from devices of victims, witnesses…
Content Type: Long Read
‘Let’s build an app for that’ has become the response to so many things. It’s no surprise it’s happening now.
Apps are notorious for their lack of security and privacy safeguards, exploiting people’s data and devices. Now we’re being asked to trust governments with their proposed apps -- of which there are many. These are the very same governments who have been keen to exploit data in the past. For instance, PI currently has four outstanding legal cases arising from the last times governments…
Content Type: Case Study
Anyone who is arrested should be informed of the reasons for their arrest and any charges against them. Anyone who is detained is also entitled to a trial within a reasonable time, or to be released if no charges are held against them.
Privacy enhances these protections. It provides limitations on the manner in which information can be obtained about you, and the kind of information that can be accessed about you by law enforcement, who can access that information and how they can use it.…
Content Type: Case Study
In early May 2019, it was revealed that a spyware, exploiting a vulnerability in Facebook’s WhatsApp messaging app, had been installed onto Android and iOS phones. The spyware could be used to turn on the camera and mic of the targeted phones and collect emails, messages, and location data. Citizen Lab, the organization that discovered the vulnerability, said that the spyware was being used to target journalists and human rights advocates in different countries around the world. The spyware…
Content Type: News & Analysis
In mid-2019, MI5 admitted, during a case brought by Liberty, that personal data was being held in “ungoverned spaces”. Much about these ‘ungoverned spaces’, and how they would effectively be “governed” in the future, remained unclear. At the moment, they are understood to be a ‘technical environment’ where personal data of unknown numbers of individuals was being ‘handled’. The use of ‘technical environment’ suggests something more than simply a compilation of a few datasets or databases.
The…
Content Type: Advocacy
In December 2019 Privacy International made submissions to Police Scotland in relation to documents designed to explain to the public how cyber kiosks will work and what information will be given to victims when Police Scotland extract data from their phone.
Police Scotland rely on 'consent' to seize a phone from a victim. We believe the lack of information provided to the individual regarding extraction, examination, retention, deletion, sharing and search parameters undermines that any…
Content Type: News & Analysis
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: News & Analysis
The Watson/Tele2 decision of the CJEU concerned section 1 and 2 of DRIPA and the Data Retention Regulations 2014. This contained the legislative scheme concerning the power of the Secretary of State to require communications service providers to retain communications data. Part 3 of the Counter-Terrorism and Security Act 2015 amended DRIPA so that an additional category of data - that necessary to resolve Internet Protocol addresses - could be included in a requirement to retain…