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Content Type: Long Read
Monday, October 31, 2016
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 rights of Americans under…
Content Type: News & Analysis
Monday, July 14, 2014
From Monday 14 to Friday 18 July, the British intelligence agencies and the Ministers responsible for them will be under the spotlight in an historic case to determine whether GCHQ's mass communications surveillance activities are a violation of Britain's human rights obligations.
Privacy International, along with Amnesty International, Liberty, the American Civil Liberties Union, Pakistani organisation Bytes for All and others, have brought the case before the Investigatory Powers Tribunal (…
Content Type: Long Read
Thursday, September 27, 2018
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: News & Analysis
Sunday, July 7, 2013
The following excerpt is from a posting in the Guardian's Comment is Free by Carly Nyst, Privacy International's Head of International Advocacy.
"In order to challenge a secret surveillance system, and to demand the government explains why it is spying on British citizens, one must apply to a secret tribunal that does not make public its proceedings or the reasons for its decision. It may seem like an Orwellian fantasy, but this is the stark reality of the British legal system.
It's called…
Content Type: News & Analysis
Sunday, February 15, 2015
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 case was…
Content Type: Long Read
Thursday, September 13, 2018
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
Monday, June 16, 2014
Britain’s top counter-terrorism official has been forced to reveal a secret Government policy justifying the mass surveillance of every Facebook, Twitter, Youtube and Google user in the UK.
This disturbing policy was made public due to a legal challenge brought by Privacy International, Liberty, Amnesty International, the American Civil Liberties Union, Pakistani organisation Bytes for All, and five other national civil liberties organisations[fn]Canadian Civil Liberties Association, Egyptian…
Content Type: Press release
Tuesday, April 12, 2016
Tomorrow, Privacy International and Open Rights Group will argue that wholesale and indiscriminate retention of our personal data is not permissible. The case, brought by MPs Tom Watson and David Davis against the Data Retention and Investigatory Powers Act 2014 (DRIPA), and in which PI intervened, will be heard in the European Court of Justice (CJEU) on 12 April. It has the potential to send shockwaves through the Investigatory Powers Bill, the controversial bill currently in Parliament.
The…
Content Type: Long Read
Thursday, August 15, 2019
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: Long Read
Wednesday, August 27, 2014
Bad analogies about surveillance technology pervade newspaper reports, politicians’ speeches, and legal arguments. While it’s natural to want simple explanations to understand complex technology, it does us a disservice when governments, the media, or the courts mislead us through analogies that are inadequate. It is even worse if these analogies are used as a basis for policy change.
Privacy International’s legal challenge against GCHQ’s mass surveillance rests on the capability of the judges…
Content Type: Long Read
Tuesday, February 10, 2015
As Privacy International celebrates Friday's victory against Britain’s security services - the first such victory this century - we cannot help but feel the success is bittersweet.
After all, we may have convinced the Investigatory Powers Tribunal that GCHQ was acting unlawfully in accessing NSA databases filled with billions of emails and messages, but with a few technical adjustments the intelligence services have managed to insure themselves against any further challenge, at least in…
Content Type: Explainer
Monday, August 19, 2019
In 2000, the Government told Parliament that the Regulation of Investigatory Powers Act 2000 (RIPA) was the total extent of surveillance powers that were needed. However, within weeks of RIPA receiving Royal Assent, a report from UK law enforcement was leaked, stating that the power the Government truly wanted was companies to retain communications data on all their users.
Immediately after 9/11 as governments around the world over-reached with new pieces of legislation, the UK Government did…
Content Type: News & Analysis
Tuesday, November 26, 2013
With the launch of the "Eyes Wide Open" project, Privacy International has put together a fact sheet about the secretive Five Eyes alliance. Consider this a guide to the secret surveillance alliance that has infiltrated every aspect of the modern global communications system.
Beginning in 1946, an alliance of five English-speaking countries (the US, the UK, Australia, Canada and New Zealand) developed a series of bilateral agreements over more than a decade that became known as the UKUSA…
Content Type: News & Analysis
Wednesday, July 10, 2019
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
Saturday, November 29, 2014
Many people imagine intelligence sharing to be a practice whereby men in trench coats silently slide manilla envelopes containing anonymous tip-offs or intelligence reports marked TOP SECRET across tables in smoke-filled rooms.
While such practices certainly exist, they represent only a tiny slice of intelligence sharing activities, and are vastly overshadowed by the massive exchange of bulk unanlysed (raw) intelligence data that takes place between the UK and its Five Eyes allies. It is this…
Content Type: Press release
Tuesday, October 28, 2014
Britain's intelligence services do not need a warrant to receive unlimited bulk intelligence from the NSA and other foreign agencies, and can keep this data on a massive searchable database for up to two years, according to secret internal policies revealed today by human rights organisations.
Details of previously unknown internal policies, which GCHQ was forced to reveal during legal proceedings challenging their surveillance practices in the wake of the Snowden revelations, reveal that…
Content Type: Advocacy
Friday, September 1, 2017
This report sheds light on the current state of affairs in data retention regulation across the EU post the Tele-2/Watson judgment. Privacy International has consulted with digital rights NGOs and industry from across the European Union to survey 21 national jurisdictions (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, France, Germany, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom).…
Content Type: Report
Wednesday, September 12, 2018
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
Tuesday, November 7, 2017
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 the utmost importance…
Content Type: Long Read
Friday, September 14, 2018
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: Press release
Tuesday, July 19, 2016
Privacy International General Counsel Caroline Wilson Palow said
"Today's opinion issued by the Advocate General of the European Court of Justice (ECJ) is a serious blow to the UK's Investigatory Powers Bill (IPBill). It, hopefully, presages a strong judgment from the Court itself.
The bulk powers - what we would call mass surveillance powers - embedded throughout the IPBill go far beyond tackling serious crime. They would give a range of public bodies, not just the Police and intelligence…
Content Type: Press release
Saturday, June 8, 2013
In the wake of revelations that the UK Government is accessing wide-ranging intelligence information from the US and is conducting mass surveillance on citizens across the UK, Privacy International today commenced legal action against the Government, charging that the expansive spying regime is seemingly operated outside of the rule of law, lacks any accountability, and is neither necessary nor proportionate.
The claim, filed in the Investigatory Powers Tribunal (IPT), challenges the UK…
Content Type: Press release
Friday, April 10, 2015
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 ruling in December…
Content Type: Press release
Friday, September 30, 2016
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
Thursday, September 13, 2018
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 regime…
Content Type: News & Analysis
Sunday, December 4, 2005
Privacy International has joined forces with dozens of other human rights and civil liberties organizations around the world to ask the European Parliament to reject a Directive that would seriously compromise personal freedom in the EU. Below is the text of the letter to Members of the European Parliament, and the pdf is also available.
To all Members of the European Parliament
We the undersigned are calling on you to reject the 'Directive of the European Parliament and the Council on the…
Content Type: News & Analysis
Thursday, January 9, 2014
Privacy International's partner organisation, Bytes for All, has filed a complaint against the Government, decrying the human rights violations inherent in such extensive surveillance and demonstrating how the UK's mass surveillance operations and its policies have a disproportionate impact on those who live outside the country.
Bytes for All, a Pakistan-based human rights organization, filed its complaint in the UK Investigatory Powers Tribunal (IPT), the same venue in which Privacy…
Content Type: Advocacy
Monday, August 19, 2019
RESPONSE OF PRIVACY INTERNATIONAL TO THE CONSULTATION ON THE GOVERNMENT’S PROPOSED RESPONSE TO THE RULING OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON 21 DECEMBER 2016 REGARDING THE RETENTION OF COMMUNICATIONS DATA
[Full response below]
Introduction
The consultation is in response to the judgment in Tele2 Sverige AB v Post-och telestyrelsen (Case-203/15) and R (Watson) v Secretary of State for the Home Department (Case C-698/15) [“Watson judgment”].
The case concerned section 1 and 2 of…