Advanced Search
Content Type: Press release
Today, the High Court ruled that the Home Secretary acted unlawfully and breached human rights and data protection laws by operating a secret, blanket policy of seizing, retaining and extracting data from the mobile phones of asylum seekers arriving by small boat.
This claim for judicial review was brought by three asylum seeking claimants: HM represented by Gold Jennings, and KA and MH represented by Deighton Pierce Glynn. The Claimants, like thousands of others arriving by small boat, all…
Content Type: News & Analysis
Background
Today judgment has been handed down in the landmark case of R (HM and MA and KH) v Secretary of State for the Home Department.
This is a Judicial Review decision concerning the UK Home Office’s secret and blanket policy of seizing mobile phones of all migrants who arrived to the UK by small boat between April 2020 and November 2020, and extracting data from all phones. PI was a third party intervener in the case.
The case revealed that migrants were searched on arrival at Tug Haven…
Content Type: News & Analysis
Around the world, we see migration authorities use technology to analyse the devices of asylum seekers. The UK via the Policing Bill includes immigration officers amongst those who can exercise powers to extract information from electronic devices. There are two overarching reasons why this is problematic:
The sole provision in the Policing Bill to extract information rests on voluntary provision and agreement, which fails to account for the power imbalance between individual and state. This…
Content Type: News & Analysis
It is difficult to imagine a more intrusive invasion of privacy than the search of a personal or home computer ... when connected to the internet, computers serve as portals to an almost infinite amount of information that is shared between different users and is stored almost anywhere in the world.
R v Vu 2013 SCC 60, [2013] 3 SCR 657 at [40] and [41].
The controversial Police Crime Sentencing and Courts Bill includes provision for extracting data from electronic devices.
The Bill…
Content Type: Explainer
What are ‘cloud extraction tools’ and what do they do?
Cloud extraction technology enables the police to access data stored in your ‘Cloud’ via your mobile phone or other devices.
The use of cloud extraction tools means the police can access data that you store online. Examples of apps that store data in the Cloud include Slack, Instagram, Telegram, Twitter, Facebook and Uber.
How might cloud extraction tools be used at a protest?
In order to extract your cloud data, the police would…
Content Type: Report
In December 2019 Privacy International made submissions to Police Scotland in relation to documents designed to explain to the public how cyber kiosks will work and what information will be given to victims when Police Scotland extract data from their phone.
Police Scotland rely on 'consent' to seize a phone from a victim. We believe the lack of information provided to the individual regarding extraction, examination, retention, deletion, sharing and search parameters undermines that any…
Content Type: Case Study
Anyone who is arrested should be informed of the reasons for their arrest and any charges against them. Anyone who is detained is also entitled to a trial within a reasonable time, or to be released if no charges are held against them.
Privacy enhances these protections. It provides limitations on the manner in which information can be obtained about you, and the kind of information that can be accessed about you by law enforcement, who can access that information and how they can use it.…
Content Type: Advocacy
In December 2019 Privacy International made submissions to Police Scotland in relation to documents designed to explain to the public how cyber kiosks will work and what information will be given to victims when Police Scotland extract data from their phone.
Police Scotland rely on 'consent' to seize a phone from a victim. We believe the lack of information provided to the individual regarding extraction, examination, retention, deletion, sharing and search parameters undermines that any…
Content Type: Press release
Following Police Scotland’s announcement that they will be rolling out cyber kiosks to police stations across Scotland. Open Rights Group and Privacy International have released a statement:
Open Rights Group and Privacy International called on Police Scotland to prevent rolling out until the Scottish Government reformed the law to provide an overarching framework for the seizure of electronic devices in Scotland in line with human rights standards. That recommendation has not been heeded by…