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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…
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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: Long Read
On 8 January 2021, the UK High Court issued a judgment in the case of Privacy International v. Investigatory Powers Tribunal. The Secretary of State for Foreign and Commonwealth Affairs and Government Communication Headquarters (GCHQ) appeared as interested parties 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…
Content Type: Frequently Asked Questions
On 8 January 2021, the UK High Court issued a judgment in the case of Privacy International v. Investigatory Powers Tribunal. The Secretary of State for Foreign and Commonwealth Affairs and Government Communication Headquarters (GCHQ) appeared as interested parties 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.
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: Press release
The case stems from a 2016 decision by the Investigatory Powers Tribunal (IPT), the UK tribunal tasked with examining complaints against the UK intelligence services, that the UK government could lawfully use sweeping ‘thematic warrants’ to engage in computer hacking of thousands or even millions of devices, without any approval by a judge or individualised reasonable grounds for suspicion. Thematic warrants are general warrants covering an entire class of property, persons or conduct, such as…
Content Type: Long Read
Privacy and security are both essential to protecting individuals, including their autonomy and dignity. Undermining privacy undermines the security of individuals, their devices and the broader infrastructure. People need privacy to freely secure themselves, their information, and fully enjoy other rights. However, a growing number of governments around the world are embracing hacking to facilitate their surveillance activities.
As a form of government surveillance, hacking presents…
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: 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
Details of case:
R (on the application of Privacy International) (Appellant) v Investigatory Powers Tribunal and others (Respondents)
[2019] UKSC 22
15 May 2019
The judgment
What two questions was the Supreme Court asked to answer?
Whether section 67(8) of RIPA 2000 “ousts” the supervisory jurisdiction of the High Court to quash a judgment of the Investigatory Powers Tribunal for error of law?
Whether, and, if so, in accordance with what principles, Parliament may by…