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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: 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
The Watson/Tele2 decision of the CJEU concerned section 1 and 2 of DRIPA and the Data Retention Regulations 2014. This contained the legislative scheme concerning the power of the Secretary of State to require communications service providers to retain communications data. Part 3 of the Counter-Terrorism and Security Act 2015 amended DRIPA so that an additional category of data - that necessary to resolve Internet Protocol addresses - could be included in a requirement to retain…
Content Type: Advocacy
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…
Content Type: Explainer
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…
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: 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…
Content Type: Press release
On 5 October 2017, Privacy International will appear before the UK Court of Appeal to continue its challenge to the British government's large scale hacking powers. The case questions the decision by the Investigatory Powers Tribunal (IPT) to sanction the UK government's power to hack broad categories of people or property without any individualised suspicion.
TIMELINE AND KEY POINTS
- Privacy International began fighting bulk government hacking in 2014 at the…
Content Type: Advocacy
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…
Content Type: Long Read
Introduction
A growing number of governments around the world are embracing hacking to facilitate their surveillance activities. Yet hacking presents unique and grave threats to our privacy and security. It is far more intrusive than any other surveillance technique, capable of accessing information sufficient to build a detailed profile of a person, as well as altering or deleting that information. At the same time, hacking not only undermines the security of targeted systems, but also has…
Content Type: Press release
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…
Content Type: Long Read
This piece originally appeared here.
On both sides of the Atlantic, we are witnessing the dramatic expansion of government hacking powers. In the United States, a proposed amendment to Rule 41 of the Federal Rules of Criminal Procedure would permit the government to obtain a warrant, in certain circumstances, to hack unspecified numbers of electronic devices anywhere in the world. Meanwhile, across the pond, the British Parliament is currently debating the Investigatory…
Content Type: Press release
Privacy International, the leading global privacy rights NGO, has today filed a Judicial Review at the UK High Court, challenging the Investigatory Powers Tribunal's (IPT) decision that the Government can issue general hacking warrants. This decision means that British intelligence agency GCHQ can continue to hack into the computers and phones of broad classes of people - including those residing in the UK. The Investigatory Powers Bill, currently being debated in Parliament, seeks to…
Content Type: Press release
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…
Content Type: News & Analysis
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…