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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: Frequently Asked Questions
On 27 October 2020, the UK Information Commissioner's Office (ICO) issued a report into three credit reference agencies (CRAs) - Experian, Equifax and TransUnion - which also operate as data brokers for direct marketing purposes.
After our initial reaction, below we answer some of the main questions regarding this report.
Content Type: News & Analysis
Privacy International (PI) welcomes today's report from the UK Information Commissioner's Office (ICO) into three credit reference agencies (CRAs) which also operate as data brokers for direct marketing purposes. As a result, the ICO has ordered the credit reference agency Experian to make fundamental changes to how it handles people's personal data within its offline direct marketing services.
It is a long overdue enforcement action against Experian.…
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: News & Analysis
Almost a year and a half ago we complained about seven companies to three data protection authorities in Europe. These companies, ranging from AdTech to data brokers and credit rating agencies, thrive on the collection, exploitation and processing of personal data. They profile and categorise people - without our knowledge and infringing multiple legal requirements.
Now, the French Data Protection Authority CNIL has informed us that they are following the same route and …
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: 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: Advocacy
Privacy International provided comments to the UK Financial Conduct Authority on the Terms of Reference to its Credit Information Market Study.
We highlighted that:
Credit data (whether ‘traditional’ credit data; data from Open Banking sources, or other sources of data like social media) are hugely revealing of people’s lives far beyond the state of their financial affairs.
The affects upon consumer behaviour of this use of data in the credit sector extends beyond the choices they…
Content Type: Advocacy
Dear Chair and Committee colleagues,
Privacy International is an international NGO, based in London, which works with partners around the world to challenge state and corporate surveillance and data exploitation. As part of our work, we have a dedicated programme “Defending Democracy and Dissent” where we advocate for limits on data exploitation throughout the electoral cycle.
We have been closely following the important work of the Committee. Prompted by the additional evidence provided…
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…
Content Type: Press release
Today, after a five year battle with the UK government, Privacy International has won at the UK Supreme Court. The UK Supreme Court has ruled that the Investigatory Powers Tribunal’s (IPT) decisions are subject to judicial review in the High Court. The Supreme Court's judgment is a major endorsement and affirmation of the rule of law in the UK. The decision guarantees that when the IPT gets the law wrong, its mistakes can be corrected.
Key point:
UK Supreme Court rules that the UK spying…
Content Type: Press release
The Irish Data Protection Commission has today launched an inquiry into the data practices of ad-tech company Quantcast, a major player in the online tracking industry. PI's 2018 investigation and subsequent submission to the Irish DPC showed how the company is systematically collecting and exploiting people's data in ways people are unaware of. PI also investigated and complained about Acxiom, Criteo, Experian, Equifax, Oracle, and Tapad.
PI welcomes this announcement and its focus on…
Content Type: Long Read
As our four year battle against the UK government’s extraordinarily broad and intrusive hacking powers goes to the Supreme Court, we are launching a new fundraising appeal in partnership with CrowdJustice.
We are seeking to raise £5k towards our costs and need your help. If we lose, the court may order us to pay for the government’s very expensive army of lawyers. Any donation you make, large or small, will help us both pursue this important case and protect the future ability of…