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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
Back in 2019, UK Health Secretary Matt Hancock announced a partnership between the NHS and Amazon Alexa. The goal of the partnership was for Alexa to be able to use the content of the NHS website when people asked health-related questions.
At the time, we expressed a number of concerns regarding this agreement: Amazon did not appear to be an actor that should be trusted with our health information, and seeing the Health Secretary publicly praising this new agreement appeared to give…
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
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
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
In a remarkable development in Privacy International's four year legal battle against the UK Government's powers to hack phones and computers on a massive scale, the UK Supreme Court has agreed to hear the London-based charity's case in December 2018.
Privacy International's case stems from a decision by the Investigatory Powers Tribunal (a specialised court set up to hear complaints against government surveillance, including surveillance carried out by the UK intelligence agencies) finding…
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
Introduction
A growing number of governments around the world are embracing hacking to facilitate their surveillance activities. Yet hacking presents unique and grave threats to our privacy and security. It is far more intrusive than any other surveillance technique, capable of accessing information sufficient to build a detailed profile of a person, as well as altering or deleting that information. At the same time, hacking not only undermines the security of targeted systems, but also has…
Content Type: Long Read
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…
Content Type: Long Read
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…
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
Today, Privacy International, together with five internet and communications providers from around the world, have lodged an application before the European Court of Human Rights to challenge the British Government's use of bulk hacking abroad. Until we brought our original case at the Investigatory Powers Tribunal (IPT) in 2014, the Government had never admitted that it engaged in hacking. Now we are learning for the first time how far-reaching the Government's global hacking capabilities are…
Content Type: Long Read
This piece originally appeared here.
On both sides of the Atlantic, we are witnessing the dramatic expansion of government hacking powers. In the United States, a proposed amendment to Rule 41 of the Federal Rules of Criminal Procedure would permit the government to obtain a warrant, in certain circumstances, to hack unspecified numbers of electronic devices anywhere in the world. Meanwhile, across the pond, the British Parliament is currently debating the Investigatory…
Content Type: Press release
In response to the Investigatory Powers Tribunal (IPT) ruling today that GCHQ's hacking is lawful, we have issued the following press statement:
"We are disappointed by the IPT’s judgment today, which has found Government hacking lawful based on a broad interpretation of a law dating back to 1994, when the internet and mobile phone technology were in their infancy.
Until we brought this case, GCHQ would neither confirm nor deny that it was they were engaging in mass hacking of…
Content Type: Long Read
The Investigatory Powers Tribunal (“IPT”) today held that GCHQ hacking of computers, mobile devices and networks is lawful, wherever it occurs around the world. We are disappointed that the IPT has not upheld our complaint and we will be challenging its findings.
Our complaint is the first UK legal challenge to state-sponsored hacking, an exceptionally intrusive form of surveillance. We contended that GCHQ hacking operations were incompatible with democratic principles and human rights…
Content Type: Press release
Documents released today confirm GCHQ, the UK intelligence agency, is hacking computers in the United Kingdom without individual warrants. The documents contain previously unknown details and defenses of GCHQ's use of "thematic warrants" to hack. The legal challenge in which these documents are being disclosed was brought by Privacy International and seven internet and communications service providers from around the world in response to disclosures made by Edward Snowden.…
Content Type: Press release
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…
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
The Government has quietly ushered through legislation amending the anti-hacking laws to exempt GCHQ from prosecution. Privacy International and other parties were notified of this just hours prior to a hearing of their claim against GCHQ's illegal hacking operations in the Investigatory Powers Tribunal.
In its legal filings, sent to Privacy International only the day before the hearing began, the Government notified claimants that the Computer Misuse Act was rewritten on 3 March 2015 to…
Content Type: Long Read
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: 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: Press release
The British Government has admitted its intelligence services have the broad power to hack into personal phones, computers, and communications networks, and claims they are legally justified to hack anyone, anywhere in the world, even if the target is not a threat to national security nor suspected of any crime.
These startling admissions come from a government court document published today by Privacy International. The document was filed by the government in response to two …
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…