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Content Type: News & Analysis
On 15 May 2024, a London Administrative Court handed down its judgment in the case of ADL & Ors v Secretary of State for the Home Department, just two months after another court judgment and a ruling of the UK's data protection authority (ICO). The four Claimants in this latest case (including asylum seekers and survivors of trafficking) were challenging the UK Home Office's policy of placing people released from immigration detention under 24/7 GPS surveillance - either by shackling them…
Content Type: News & Analysis
In a significant and forceful decision, on 1 March 2024 the UK's Data Protection Authority found that the UK Government's GPS tagging of migrants arriving to the UK by small boats and other "irregular" routes was unlawful.
The decision comes as a result of Privacy International's complaint filed in August 2022 against the GPS tagging policy, which alleged widespread and significant breaches of privacy and data protection law. Our complaint relied extensively on anonymous testimonies of…
Content Type: Press release
La CNIL a aujourd'hui prononcé une sévère sanction contre Criteo, une des plus grandes sociétés françaises de pistage et publicité en ligne. Le montant de l'amende a été réduit de 60 à 40 millions d'euros depuis l'audience qui s'est tenue à la CNIL en Mars 2023, durant laquelle Criteo avait mis en avant son bénéfice net de 10 millions d'euros en 2022 pour plaider en faveur d'une réduction de sa peine. La CNIL semble avoir entendu ces arguments, mais a heureusement maintenu une amende…
Content Type: Press release
French data regulator CNIL announced today a strong sanction against Criteo, one of the world's largest AdTech companies. Although close to the maximum GDPR fine, the amount of the fine was reduced from 60 to 40 million following a hearing at CNIL's offices in March 2023, during which Criteo pleaded for a reduced fine in light of its 10 million euros profit in 2022. CNIL seems to have acknowledged this argument but maintained a significant fine. This sanction follows a Privacy International…
Content Type: News & Analysis
We have been fighting for transparency and stronger regulation of the use of IMSI catchers by law enforcement in the UK since 2016. The UK police forces have been very secretive about the use of IMSI catchers – maintaining a strict “neither confirm nor deny” (NCND) policy. In our efforts to seek greater clarity we wrote to the UK body which monitors the use of covert investigatory powers, the Investigatory Powers Commissioner’s Office (IPCO), asking the Commissioner to revisit this…
Content Type: News & Analysis
In a judgment of 14 October 2022, the UK High Court ordered the UK Home Office to provide remedy to the thousands of migrants affected by its unlawful policy and practice of seizing mobile phones from people arriving by small boats to UK shores.
The availability and spread of new technologies, and the exponential amounts of data they generate, are regularly being abused by governments to surveil and control people - but these new forms of surveillance are only starting to make their way through…
Content Type: News & Analysis
Privacy International (PI) has today filed complaints with the Information Commissioner (ICO) and Forensic Science Regulator (FSR) against the UK Home Office's use of GPS ankle tags to monitor migrants released on immigration bail. This policy and practice represents a seismic change in the surveillance of migrants in the UK. PI was first alerted to this scheme by organisations such as Bail for Immigration Detainees, an independent charity that exists to challenge immigration detention in the…
Content Type: News & Analysis
The UK government has acknowledged that section 8(4) of the Regulation of Investigatory Powers Act (“RIPA”) (which has since been repealed) violated Articles 8 and 10 of the European Convention on Human Rights (ECHR). In relation to Article 10, it specifically acknowledged that the way in which security agencies handled confidential journalistic material violated fundamental rights protected by Article 10.
As part of a friendly settlement with two applicants, the UK government acknowledged…
Content Type: News & Analysis
What if we told you that every photo of you, your family, and your friends posted on your social media or even your blog could be copied and saved indefinitely in a database with billions of images of other people, by a company you've never heard of? And what if we told you that this mass surveillance database was pitched to law enforcement and private companies across the world?
This is more or less the business model and aspiration of Clearview AI, a company that only received worldwide…
Content Type: News & Analysis
What happened
On 22 July 2021, the Investigatory Powers Tribunal (IPT) issued a declaration on our challenge to the UK bulk communications regime finding that section 94 of the Telecommunications Act 1984 (since repealed by the Investigatory Powers Act 2016) was incompatible with EU law human rights standards. The result of the judgment is that a decade’s worth of secret data capture has been held to be unlawful. The unlawfulness would have remained a secret but for PI’s work.
You…
Content Type: Long Read
On 25 May 2021, the European Court of Human Rights issued its judgment in Big Brother Watch & Others v. the UK. Below, we answer some of the main questions relating 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 a nutshell, one of the world’s most important courts, the Grand Chamber of the European Court of Human…
Content Type: Press release
The Grand Chamber of the European Court of Human Rights has today ruled that UK mass surveillance laws violate the rights to privacy and freedom of expression.
It 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 and freedom of expression, protected by Article 10. Particularly it found that:
the absence of independent authorisation,
the failure to include the categories of selectors…
Content Type: Press release
Privacy International (PI), together with Hermes Center for Transparency and Digital Human Rights, Homo Digitalis and noyb - the European Center for Digital Rights, has today filed a series of legal complaints against Clearview AI, Inc. The facial recognition company claims to have “the largest known database of 3+ billion facial images”. The complaints were submitted to data protection regulators in France, Austria, Italy, Greece and the United Kingdom.
As our complaints detail, Clearview AI…
Content Type: News & Analysis
Unwanted Witness’ research into Safeboda highlighted the company’s failure to comply with some of the law's core data protection principles, with a number of implications for the exercise of data subject rights. The enforcement action against Safeboda by National Information Technology Authority, Uganda (NITA-U) requires the company to make fundamental changes to how they handle people's personal data in order to comply with the Data Protection and Privacy Act, 2019.
This first landmark…
Content Type: Long Read
Tucked away in a discrete side street in Hungary’s capital, the European Union Agency for Law Enforcement Training (CEPOL) has since 2006 operated as an official EU agency responsible for developing, implementing, and coordinating training for law enforcement officials from across EU and non-EU countries.
Providing training to some 29,000 officials in 2018 alone, it has seen its budget rocket from €5 million in 2006 to over €9.3 million in 2019, and offers courses in everything from…
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: Long Read
Q&A: EU's top court rules that UK, French and Belgian mass surveillance regimes must respect privacy
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
Name: Google/Fitbit merger
Age: Gestating
Appearance: A bit dodgy. One of the world’s biggest tech giants, trying to purchase a company that makes fitness tracking devices, and therefore has huge amounts of our health data.
I don’t get it. Basically Google is trying to buy Fitbit. As if Google doesn’t already have enough data about us, it now wants huge amounts of health data too.
Oh, Fitbit, that’s that weird little watch-type-thing that people get for Christmas, wear for about a month…
Content Type: News & Analysis
IMSI catchers (or stingrays as they are known in the US) are one of the surveillance technologies that has come to the forefront again in the protests against police brutality and systemic racism that have been sparked by the murder of George Floyd on 25 May 2020.
An International Mobile Subscriber Identity catcher – in short an “IMSI catcher” – is an intrusive piece of technology that can be used to locate and track all mobile phones that are switched on in a certain area. It does so by…
Content Type: Press release
Today, the ICO has issued a long-awaited and critical report on Police practices regarding extraction of data from people's phones, including phones belonging to the victims of crime.
The report highlights numerous risks and failures by the police in terms of data protection and privacy rights. The report comes as a result of PI’s complaint, dating back to 2018, where we outlined our concerns about this intrusive practice, which involves extraction of data from devices of victims, witnesses…
Content Type: Report
Back in October 2019, PI started investigating advertisers who uploaded personal data to Facebook for targeted advertising purposes. We decided to take a look at "Advertisers Who Uploaded a Contact List With Your Information", a set of information that Facebook provides to users about advertisers who upload files containing their personal data (including unique identifier such as phone numbers, emails etc...). Looking at the limited and often inaccurate information provided by Facebook through…
Content Type: News & Analysis
Traduction réalisée par Nadine Blum.
Le 29 mai, le Congrès nigérien a voté une loi permettant au gouvernement d’intercepter largement certaines communications électroniques. La loi rend légale l’interception de communications, autorisée par le gouvernement, sans protections appropriées ni mécanismes de contrôle.
La loi a été adoptée avec 104 votes pour – le Parlement nigérien compte 171 membres – et sans la participation de l’opposition qui a boycotté la loi. L’opposition a affirmé…
Content Type: News & Analysis
On 29 May, Niger’s Congress voted on a law allowing for broad interception powers of certain electronic communications by the government. The bill makes it lawful for the government to approve the interception of communications without appropriate safeguards or oversight mechanisms.
The law passed with 104 votes – the Nigerien parliament has 171 members – without the participation of the opposition that boycotted the law. The opposition claimed that
the law will allow those, for…
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: Long Read
It was a quiet evening in Agadez, a bustling Saharan city in the centre of Niger. Thirty-five year old Agali Ahmed was sipping tea at a friend’s place, as he often did, when he received a message: police were at his uncle’s house. When he got there, Ahmed saw men in plainclothes, standing around the building’s gate. Inside, more men were searching the apartment. Three white men, who Ahmed guessed were Spanish, asked for his phone and started taking pictures of him. They told him to follow them…
Content Type: News & Analysis
Today Advocate General (AG) Campos Sánchez-Bordona of the Court of Justice of the European Union (CJEU), issued his opinions (C-623/17, C-511/18 and C-512/18 and C-520/18) on how he believes the Court should rule on vital questions relating to the conditions under which security and intelligence agencies in the UK, France and Belgium could have access to communications data retained by telecommunications providers.
The AG addressed two major questions:
(1) When states seek to impose…
Content Type: News & Analysis
Today, the High Court of South Africa in Pretoria in a historic decision declared that bulk interception by the South African National Communications Centre is unlawful and invalid.
The judgment is a powerful rejection of years of secret and unchecked surveillance by South African authorities against millions of people - irrespective of whether they reside in South Africa.
The case was brought by two applicants, the amaBhungane Centre for Investigative Journalism and journalist Stephen…