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Content type: Advocacy
BackgroundThe Snowden revelations and subsequent litigation have repeatedly identified unlawful state surveillance by UK agencies. In response, the UK Parliament passed the highly controversial Investigatory Powers Act 2016 (IPA), which authorised massive, suspicionless surveillance on a scale never seen before, with insufficient safeguards or independent oversight.Privacy International led legal challenges to this mass surveillance regime both before and after the Act became law. The Act…
Content type: Long Read
We won our case against the UK’s Security Service (MI5) and the Secretary of State for the Home Department (SSHD). The Investigatory Powers Tribunal (IPT) – the judicial body responsible for monitoring UK’s intelligence and security agencies – held that MI5 acted unlawfully by knowingly holding people’s personal data in systems that were in breach of core legal requirements. MI5 unlawfully retained huge amounts of personal data between 2014 and 2019. During that period, and as a result of these…
Content type: Press release
In a landmark judgment, handed down today (Monday 30 January 2023), the Investigatory Powers Tribunal have found that there were “very serious failings” at the highest levels of MI5 to comply with privacy safeguards from as early as 2014, and that successive Home Secretaries did not to enquire into or resolve these long-standing rule-breaking despite obvious red flags.
Human rights organisations Liberty and Privacy International, who brought this significant legal case in January 2020, have…
Content type: Report
End-to-end encryption (E2EE) contributes significantly to security and privacy. For that reason, PI has long been in favour of the deployment of robust E2EE.Encryption is a way of securing digital communications using mathematical algorithms that protect the content of a communication while in transmission or storage. It has become essential to our modern digital communications, from personal emails to bank transactions. End-to-end encryption is a form of encryption that is even more private.…
Content type: News & Analysis
After almost 20 years of presence of the Allied Forces in Afghanistan, the United States and the Taliban signed an agreement in February 2020 on the withdrawal of international forces from Afghanistan by May 2021. A few weeks before the final US troops were due to leave Afghanistan, the Taliban had already taken control of various main cities. They took over the capital, Kabul, on 15 August 2021, and on the same day the President of Afghanistan left the country.
As seen before with regime…
Content type: Long Read
Additionally, in January 2020 Privacy International and UK-based NGO Liberty filed a new claim against MI5 and the Secretary of State for the Home Department in the Investigatory Powers Tribunal (the “Ungoverned Spaces Case”, this time, the case sought to hold MI5 and the SSHD accountable for systemic, long-term failures in the way they handle and retain millions of people’s personal data. As part of this claim, PI requested that the IPT re-opens parts of the original BPD/BCD. This aspect of…
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: News & Analysis
In mid-2019, MI5 admitted, during a case brought by Liberty, that personal data was being held in “ungoverned spaces”. Much about these ‘ungoverned spaces’, and how they would effectively be “governed” in the future, remained unclear. At the moment, they are understood to be a ‘technical environment’ where personal data of unknown numbers of individuals was being ‘handled’. The use of ‘technical environment’ suggests something more than simply a compilation of a few datasets or databases.
The…
Content type: News & Analysis
According to the International Organization for Migration, an estimated 258 million people are international migrants – that is, someone who changes their country of usual residence, That’s one in every 30 people on earth.
These unprecedented movements levels show no sign of slowing down. It is predicted that by 2050, there will be 450 million migrants across the world.
Nowadays, it is politically acceptable to demonise migrants, and countless leaders have spewed divisive and xenophobic…
Content type: Impact Case Study
What Happened
On 5 June 2013, The Guardian published the first in a series of documents disclosed by Edward Snowden, a whistleblower who had worked with the NSA. The documents revealed wide-ranging mass surveillance programs conducted by the USA’s National Security Agency (NSA) and the UK’s Government Communications Headquarters (GCHQ), which capture the communications and data of hundreds of millions of people around the world. In addition to revealing the mass surveillance programs of the…
Content type: Examples
In 2013, Edward Snowden, working under contract to the US National Security Agency for the consultancy Booz Allen Hamilton, copied and leaked thousands of classified documents that revealed the inner workings of dozens of previously unknown surveillance programs. One of these was PRISM, launched in 2007, which let NSA use direct access to the systems of numerous giant US technology companies to carry out targeted surveillance of the companies' non-US users and Americans with foreign contacts by…
Content type: Examples
A new examination of documents detailing the US National Security Agency's SKYNET programme shows that SKYNET carries out mass surveillance of Pakistan's mobile phone network and then uses a machine learning algorithm to score each of its 55 million users to rate their likelihood of being a terrorist. The documents were released as part of the Edward Snowden cache. The data scientist Patrick Ball, director of research at the Human Rights Data Analysis Group, which produces scientifically…
Content type: Impact Case Study
PI and our global partners have been at the forefront of challenging communications data retention for over a decade.
What is the problem
Communications data, also known as metadata, tells a story about your digital activity and answers the who, when, what, and how of a specific communication. While communications data doesn't include the contents of a message, all of the other information about the message can be very revealing about people, their habits, thoughts, health and personal…
Content type: Impact Case Study
What happened
The Clinton Administration kicked off the cypto-wars in 1993 with the Clipper Chip. The continued application of export controls restrained the deployment of strong cryptography in products at a key moment of internet history: as it began to be embedded in software and networking.
What we did
In the early phases of the crypto-wars we placed pressure on global industry to implement encryption in their products. We ran campaigns and events across the world on the need for…
Content type: Impact Case Study
What is the problem
For over two decades we have been documenting an alarming use and spread of surveillance. It is no longer just the wars on terror or drugs or migration that is driving this trend. The management of health crises and distribution of welfare regularly are among others being used to justify this turn to increasingly invasive forms of surveillance. From country to country we see the same ideas and the same profiteers expanding their reach.
When we first released our report on…
Content type: Impact Case Study
What happened
Governments continuously seek to expand their communications surveillance powers. In the 1990s it was in the context of applying telephone surveillance laws to the internet. In the 2000s a spate of new laws arrived in response to 9/11. Expansions were then sought to monitor over-the-top services within the framing of Web 2.0. Then in the post-Snowden environment Governments rushed to legislate their previously secret powers.
What we did
We…
Content type: Report
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: Long Read
European Court of Human Rights Intervention
On 15 September 2017, Privacy International filed an intervention to the European Court of Human Rights in Association Confraternelle de la Presse Judiciare and 11 Other Applications v. France. This case challenges various surveillance powers authorised under the French Intelligence Act of 24 July 2015 as incompatible with Articles 8 and 10 of the European Convention on Human Rights, which respectively protect the right to privacy…
Content type: Report
This investigation focuses on the techniques, tools and culture of Kenyan police and intelligence agencies’ communications surveillance practices. It focuses primarily on the use of surveillance for counterterrorism operations. It contrasts the fiction and reality of how communications content and data is intercepted and how communications data is fed into the cycle of arrests, torture and disappearances.
Communications surveillance is being carried out by Kenyan state actors, essentially…
Content type: Press release
The ruling today from the European Court of Justice, invalidating the European Union’s 2006 Data Retention Directive policy, was strong and unequivocal: the right to privacy provides a fundamental barrier between the individual and powerful institutions, and laws allowing for indiscriminate, blanket retention on this scale are completely unacceptable.
As the Court states, it is not, and never was, proportionate to spy on the entire population of Europe. The types of data retained under this…
Content type: Report
This report was submitted to the Joint Committee on Human Rights. Under the current version of the draft Communications Data Bill, records of every person or entity with whom any given individual has communicated electronically would be collected continuously and stored for one year. These records would include the time of the communication and the location from which it originated.
The Communications Data Bill raises a number of concerns with regards to the right to privacy under Article 8 of…