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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
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on our challenge to the UK bulk communications regime finding that section 94 of the Telecommunications Act 1984 (since repealed by the Investigatory Powers Act 2016) was incompatible with EU law human rights standards.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
Summary
This case began in the UK in 2013, following Edward Snowden’s revelations that UK’s GCHQ was secretly intercepting, processing, and storing data concerning millions of people’s private communications, even when those people were of clearly of no intelligence interest (the ‘Tempora’ programme). It was also revealed that the UK government was accessing communications and data collected by the USA’s National Security Agency and other countries’ intelligence agencies. All of this was…
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: 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: 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
The Privacy International Network is celebrating Data Privacy Week, where we’ll be talking about how trends in surveillance and data exploitation are increasingly affecting our right to privacy. Join the conversation on Twitter using #dataprivacyweek.
In the era of smart cities, the gap between the internet and the so-called physical world is closing. Gone are the days, when the internet was limited to your activities behind a desktop screen, when nobody knew you were a dog.
Today, the…
Content Type: News & Analysis
Federal law enforcement is deploying powerful computer hacking tools to conduct domestic criminal and immigration investigations.
By Alex Betschen, Student Attorney, Civil Liberties & Transparency Clinic, University at Buffalo School of Law
Hacking by the government raises grave privacy concerns, creating surveillance possibilities that were previously the stuff of science fiction. It also poses a security risk, because hacking takes advantage of unpatched vulnerabilities in our…
Content Type: Press release
FOR IMMEDIATE RELEASE
December 21, 2018
CONTACTS:
Alex Betschen, Civil Liberties & Transparency Clinic, alexbets@buffalo.edu, 716–531–6649
Colton Kells, Civil Liberties & Transparency Clinic, coltonke@buffalo.edu, 585–766–5119
Abdullah Hasan, ACLU, ahasan@aclu.org, 646–905–8879
NEW YORK — Privacy International, the American Civil Liberties Union, and the Civil Liberties & Transparency Clinic of the University at Buffalo School of Law filed a lawsuit today…
Content Type: Long Read
This piece was originally published in Just Security.
Earlier this month, the European Court of Human Rights issued a major judgment in three consolidated cases challenging the U.K. government’s mass interception program, which was first revealed by Edward Snowden in 2013. That judgment finds notable deficiencies in the legal framework governing mass interception, rendering the program unlawful under Articles 8 and 10 of the European Convention on Human Rights (ECHR), which protect the rights…
Content Type: Long Read
Written jointly by Privacy International and the American Civil Liberties Union (ACLU).
In a landmark decision earlier this month, the European Court of Human Rights ruled that one of the mass surveillance programs revealed by Edward Snowden violates the rights to privacy and freedom of expression. While the case challenges the U.K. government’s mass interception of internet traffic transiting its borders, the court’s judgment has broader implications for mass spying programs in Europe and…
Content Type: Long Read
The UK's domestic-facing intelligence agency, MI5, today admitted that it captured and read Privacy International's private data as part of its Bulk Communications Data (BCD) and Bulk Personal Datasets (BPD) programmes, which hoover up massive amounts of the public's data. In further startling legal disclosures, all three of the UK's primary intelligence agencies - GCHQ, MI5, and MI6 - also admitted that they unlawfully gathered data about Privacy International or its staff. You can read the…
Content Type: News & Analysis
This piece was originally published on Just Security.
Ten years ago, an FBI official impersonated an Associated Press reporter to lure and track a teenager suspected of sending in prank bomb threats to his school. To find him, the FBI agent, posing as a reporter, sent the teenager links to a supposed story he was working on, but the links were infested with malware that once clicked on quickly exposed the teen’s location. More recently, the FBI has seized and modified websites so…
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: News & Analysis
Today was a big day for the privacy of millions of people. The European Court of Human Rights has today ruled that UK laws enabling mass interception of our communications violate the rights to privacy and freedom of expression. This finding is an important victory for human rights and the rule of law.
The judges 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 (ECHR) and to free…
Content Type: Long Read
The European Court of Human Rights ruled today that the UK government's mass interception program violates the rights to privacy and freedom of expression. The Court held that the program "is incapable of keeping the 'interference' to what is 'necessary in a democratic society'". This finding is an important victory for human rights and the rule of law. Below, we break down the key parts of the decision.
The Court's ruling comes after a five-year battle against two UK mass surveillance…
Content Type: Press release
The European Court of Human Rights has today ruled that UK laws enabling mass surveillance violate the rights to privacy and freedom of expression.
Judges 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 (ECHR) and to free expression, protected by Article 10.
The interception of communications data is as serious a breach of privacy as the interception of content, meaning the UK…
Content Type: Press release
Privacy International, represented by Liberty, is challenging court decision allowing police to ‘neither confirm nor deny’ they hold certain information on IMSI catchers
Privacy rights organisation has fought for almost two years for public disclosure of records on how UK police purchase and use mobile phone surveillance technology
Privacy International has today filed an appeal challenging police forces’ refusal to disclose information on their purchase and use of IMSI catchers.
IMSI…
Content Type: News & Analysis
Create Commons Photo Credit: Source
Privacy International has achieved an important victory for government transparency and information access rights. This victory stems from a long-running battle with the government to obtain information about the UK police’s purchase and use of IMSI catchers. The Information Commissioner’s Office (ICO) recently issued a series of decisions, which agree with Privacy International that police forces cannot rely on a position of “neither confirm nor deny” (NCND…
Content Type: Press release
We found this image here.
The National Police Chiefs’ Council (NPCC) will no longer be able to operate in secret after human rights campaign organisations Liberty and Privacy International demanded it be subject to Freedom of Information laws.
The Government has now informed the organisations that it has started a process to designate the law enforcement policy-making body as a public authority subject to the Freedom of Information Act (FOIA) – meaning it will be open to public scrutiny.…
Content Type: Press release
We found this image here
The Investigatory Powers Tribunal (IPT) today held that, for a sustained period, successive Foreign Secretaries wrongly gave GCHQ unfettered discretion to collect vast quantities of personal customer information from telecommunications companies.
The judgment exposes:
· the error-ridden and inconsistent evidence provided by GCHQ throughout the case;
· the willingness of telecommunications companies to secretly hand over customer data on the basis of mere verbal…
Content Type: News & Analysis
In order to uphold the law and keep us safe, the police can seriously interfere with a range of fundamental human rights. And so transparency and public scrutiny of their actions are essential to protect against misconduct and abuse.
So why is the National Police Chiefs’ Council (NPCC) now permitted to operate in secret?
We all have the right to seek information from most public bodies – including the police – under the Freedom of Information Act (FOIA) 2000. When the law was first…
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: Long Read
Image: Eric Jones
The UK government last week hosted hundreds of surveillance companies as it continues to try and identify “technology-based solutions” able to reconcile the need for controls at the Irish border with the need to avoid them.
The annual showcase conference of 'Security and Policing' brings together some of the most advanced security equipment with government agencies from around the world. It is off limits to the public and media.
This year’s event came as EU and UK…
Content Type: Press release
Hearing: Cross examination of senior GCHQ official about Intelligence Agencies’ use of massive databases of information about everyone in the UK
When: Monday 26 February 2018, 3.15pm
Where: Royal Courts of Justice, Court 28, Strand, London WC2A 2LL
Summary
This is the first time GCHQ have given open evidence in the Investigatory Powers Tribunal (The Tribunal). It is also the first time they will be cross examined by Privacy International on serious misleading errors they provided in…
Content Type: Press release
The Case
Privacy International v Secretary of State for Foreign and Commonwealth Affairs et al. (Bulk Personal Datasets & Bulk Communications Data challenge)
Date: 5-9 June 2017
Time: from 10:00 onwards
Location: Royal Courts of Justice, The Strand, London WC2A 2LL United Kingdom
Hearing overview
Next week’s hearing follows the Investigatory Powers Tribunal’s earlier judgment in October 2016, which ruled that three issues are to be determined:
…
Content Type: News & Analysis
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…
Content Type: Long Read
On 8 September 2017, the Investigatory Powers Tribunal decided to refer questions to the Court of Justice of the European Union (‘CJEU’) concerning the collection of bulk communications data (‘BCD’) by the Security Intelligence Agencies from mobile network operators.
The BCD regime was initially secret. In an earlier judgment, the Investigatory Powers Tribunal ruled that the regime was not compliant with the European Convention on Human Rights prior to its public avowal, but (subject to…