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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 in the…
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: 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 European Commission has concluded its Phase II in-depth review of the proposed acquisition of the health and fitness tracker Fitbit by Google, deciding that the merger can go through. While we welcome the commitments put forward by Google to mitigate some risks of compromising individuals' rights and competition, PI considers the effects of this merger will further strengthen Google's capacity to exploit our data.
On 15 June 2020, Google formally notified the European Commission of…
Content Type: Long Read
An edited version of this article was originally published on the EDRi website in September 2020.
Introduction
Monopolies, mergers and acquisitions, anti-trust laws. These may seem like tangential or irrelevant issues for privacy and digital rights organisations. But having run our first public petition opposing a big tech merger, we wanted to set out why we think this is an important frontier for people's rights across Europe and indeed across the world.
In June, Google notified the…
Content Type: News & Analysis
No doubt this is turning out to be a summer full of news about internet companies' digital dominance.
In June, Google notified the European Commission of its plan to acquire Fitbit - a plan that we immediately identified would raise grave concerns for our well-being as consumers.
Today the European Commission has made its decision. And it's good news.
The European regulator has decided to undertake a detailed 'Phase 2' investigation, rather than just green light Google's plans, voicing also the…
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: 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 Privacy…
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: Report
Intelligence sharing between countries is one of the most pervasive and least regulated surveillance practices carried out by governments across the world. It is facilitated by rapidly evolving surveillance technologies that enable intelligence agencies to collect, store, analyse and share ever larger amounts of people’s personal information.
This briefing paper, written jointly by the International Network of Civil Liberties Organizations (INCLO) and PI, sets out urgent recommendations that…
Content Type: News & Analysis
Our intervention comes on the back of mounting evidence that the South African state’s surveillance powers have been abused, and so-called “checks & balances” in RICA have failed to protect citizens’ constitutional right to privacy.
Among our core arguments are:
That people have a right to be notified when their communications have been intercepted so that they can take action when they believe their privacy has been unlawfully breached. Currently RICA prevents such notification, unlike…