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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
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: Video
This case was made possible because of Edward Snowden’s disclosures in 2013, and through the combined work of Big Brother Watch, American Civil Liberties Union, Amnesty International, Bytes for All, Canadian Civil Liberties Association, Egyptian Initiative for Personal Rights, Hungarian Civil Liberties Union, Irish Council for Civil Liberties, Legal Resources Centre and Liberty.
Content Type: Video
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It’s been a long road, starting at the UK’s Investigatory Powers Tribunal in 2013, but this case would have happened without Ed’s revelations, which revealed the extent of those surveillance programmes. Which is why (around a year ago now) we sat down with him to talk about this case, mass surveillance and what we can do to fight back.
Find out more about the case here: https://privacyinternational.org/legal-action/10-human-rights-organisations-v-united-kingdom
And…
Content Type: Examples
Article extract:
"Anti-smoking campaigners have expressed alarm that "big tobacco" has been employing two of the world's most powerful lobbying companies in a bid to stymie the introduction of plain packaging for cigarettes.
Crosby Textor, which has been hired by the Conservative party to provide "strategic direction" at the next election, has played a powerful behind-the-scenes role in mobilising opposition to the Australian government's plans for plain packaging, which became law on…
Content Type: Examples
Article extract:
"The lobbying firm founded by election guru Lynton Crosby is reported to have advised private healthcare providers on how to exploit failings in the NHS..."
"...Crosby Textor advised an umbrella group of private healthcare providers on how to exploit perceived “failings”, according to a leaked document obtained by the Guardian.
The newspaper published extracts from a slideshow presentation produced for the H5 Private Healthcare Alliance, which stated that people believe the…
Content Type: Examples
Article extract:
"The lobbying firm run by Boris Johnson’s close ally Sir Lynton Crosby has secretly built a network of unbranded “news” pages on Facebook for dozens of clients ranging from the Saudi government to major polluters, a Guardian investigation has found.
In the most complete account yet of CTF Partners’ outlook and strategy, current and former employees of the campaign consultancy have painted a picture of a business that appears to have professionalised online disinformation,…
Content Type: Press release
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: Press release
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…
Content Type: Long Read
Background
Kenya’s National Integrated Identity Management Scheme (NIIMS) is a biometric database of the Kenyan population, that will eventually be used to give every person in the country a unique “Huduma Namba” for accessing services. This system has the aim of being the “single point of truth”, a biometric population register of every citizen and resident in the country, that then links to multiple databases across government and, potentially, the private sector.
NIIMS was introduced…
Content Type: News & Analysis
On 30 January 2020, Kenya’s High Court handed down its judgment on the validity of the implementation of the National Integrated Identity Management System (NIIMS), known as the Huduma Namba. Privacy International submitted an expert witness testimony in the case. We await the final text of the judgment, but the summaries presented by the judges in Court outline the key findings of the Court. Whilst there is much there that is disappointing, the Court found that the implementation of NIIMS…
Content Type: Advocacy
This stakeholder report is a submission by Privacy International (PI), the National Coalition of Human Rights Defenders Kenya (NCHRD-K), The Kenya Legal & Ethical Issues Network on HIV and AIDS (KELIN), and Paradigm Initiative.
PI, NCHRD-K, KELIN, and Paradigm Initiative wish to bring their concerns about the protection and promotion of the right to privacy, and other rights and freedoms that privacy supports, for consideration in Kenya’s upcoming review at the 35th session of the Working…
Content Type: News & Analysis
*Photo by Michelle Ding on Unsplash
Pat Finucane was killed in Belfast in 1989. As he and his family ate Sunday dinner, loyalist paramilitaries broke in and shot Pat, a high profile solicitor, in front of his wife and children.
The Report of the Patrick Finucane Review in 2012 expressed “significant doubt as to whether Patrick Finucane would have been murdered by the UDA [Ulster Defence Association] had it not been for the different strands of involvement by the…
Content Type: Long Read
*Photo by Kristina Flour on Unsplash
The British government needs to provide assurances that MI5’s secret policy does not authorise people to commit serious human rights violations or cover up of such crimes
Privacy International, along Reprieve, the Committee on the Administration of Justice, and the Pat Finucane Centre, is challenging the secret policy of MI5 to authorise or enable its so called “agents” (not MI5 officials) to commit crimes here in the UK.
So far we have discovered…
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…