Advanced Search
Content Type: Report
Over the past years, data retention regulation imposing generalised and indiscriminate data retention obligations to telecommunication companies and Internet service provides has been introduced in various jurisdictions across the world. As the data retention practices across the world have evolved this new report is an attempt to shed some light on the current state of affairs in data retention regulation across ten key jurisdictions. Privacy International has consulted with human…
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: 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on our challenge to the UK bulk communications regime finding that section 94 of the Telecommunications Act 1984 (since repealed by the Investigatory Powers Act 2016) was incompatible with EU law human rights standards.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: Video
Find out more on our website: https://privacyinternational.org/long-read/4206/qa-eus-top-court-rules-uk-french-and-belgian-mass-surveillance-regimes-must-respect
And make sure we can keep taking these fights to court: support.privacyinternational.org
You can listen and subscribe to the podcast where ever you normally find your podcasts:
Spotify
Apple podcasts
Google podcasts
Castbox
Overcast
Pocket Casts
Peertube
Youtube
Stitcher
And more...
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
By treating everyone as a suspect, the bulk data collection or retention regimes engage European fundamental rights to privacy, data protection, freedom of expression, as guaranteed respectively by Articles 7, 8, and 11 of the EU Charter of Fundamental Rights.
Caroline Wilson Palow, Legal Director of Privacy International, said:
"Today’s judgment reinforces the rule of law in the EU. In these turbulent times, it serves as a reminder that no government should be above the law. Democratic…
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: Press release
Today the Advocate General (AG) of the Court of Justice of the European Union (CJEU), Campos Sánchez-Bordona, issued his opinion 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 advises the following:
The UK’s collection of bulk communications data violates EU law.
The French and Belgium…
Content Type: Long Read
On 8 September 2017, the Investigatory Powers Tribunal decided to refer questions to the Court of Justice of the European Union (‘CJEU’) concerning the collection of bulk communications data (‘BCD’) by the Security Intelligence Agencies from mobile network operators.
The BCD regime was initially secret. In an earlier judgment, the Investigatory Powers Tribunal ruled that the regime was not compliant with the European Convention on Human Rights prior to its public avowal, but (subject to…
Content Type: Long Read
This piece was written by Ashley Gorski, who is an attorney at the American Civil Liberties Union, and PI legal officer Scarlet Kim and originally appeared in The Guardian here.
In recent weeks, the Hollywood film about Edward Snowden and the movement to pardon the NSA whistleblower have renewed worldwide attention on the scope and substance of government surveillance programs. In the United States, however, the debate has often been a narrow one, focused on the…
Content Type: Long Read
This week, Privacy International, together with nine other international human rights NGOs, filed submissions with the European Court of Human Rights. Our case challenges the UK government’s bulk interception of internet traffic transiting fiber optic cables landing in the UK and its access to information similarly intercepted in bulk by the US government, which were revealed by the Snowden disclosures. To accompany our filing, we have produced two infographics to illustrate the…
Content Type: Long Read
Privacy International’s case on Bulk Personal Datasets and Bulk Communications Data comes to a head with a four-day hearing in the Investigatory Powers Tribunal which commenced on 26 July 2016.
The litigation has brought to light significant revelations about the use of section 94 of the 1984 Telecommunications Act to obtain bulk communications data.
Large amounts of disclosure have shed new light on this hitherto secret power and explained confusing aspects of the Government’s Response 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: Long Read
Few revelations have been been as troubling for the right to privacy as uncovering the scope of the Five Eyes alliance. The intelligence club made up of Australia, Canada, New Zealand, the United Kingdom and the United States has integrated its collection efforts, staff, bases, and analysis programs. Yet the legal rulebook governing how the agencies ensure the most comprehensive joint surveillance effort in the history of mankind remains secret.
The little that is known suggests a…
Content Type: Long Read
Many people imagine intelligence sharing to be a practice whereby men in trench coats silently slide manilla envelopes containing anonymous tip-offs or intelligence reports marked TOP SECRET across tables in smoke-filled rooms.
While such practices certainly exist, they represent only a tiny slice of intelligence sharing activities, and are vastly overshadowed by the massive exchange of bulk unanlysed (raw) intelligence data that takes place between the UK and its Five Eyes allies.…
Content Type: Long Read
Bad analogies about surveillance technology pervade newspaper reports, politicians’ speeches, and legal arguments. While it’s natural to want simple explanations to understand complex technology, it does us a disservice when governments, the media, or the courts mislead us through analogies that are inadequate. It is even worse if these analogies are used as a basis for policy change.
Privacy International’s legal challenge against GCHQ’s mass surveillance rests…
Content Type: Long Read
The recent revelations, made possible by NSA-whistleblower Edward Snowden, of the reach and scope of global surveillance practices have prompted a fundamental re- examination of the role of intelligence services in conducting coordinated cross-border surveillance.
The Five Eyes alliance of States – comprised of the United States National Security Agency (NSA), the United Kingdom’s Government Communications Headquarters (GCHQ), Canada’s Communications Security Establishment Canada (CSEC), the…
Content Type: Report
The recent revelations, made possible by NSA-whistleblower Edward Snowden, of the reach and scope of global surveillance practices have prompted a fundamental re-examination of the role of intelligence services in conducting coordinated cross-border surveillance.
The Five Eyes alliance of States – comprised of the United States National Security Agency (NSA), the United Kingdom’s Government Communications Headquarters (GCHQ), Canada’s Communications Security Establishment Canada (CSEC), the…
Content Type: News & Analysis
With the launch of the "Eyes Wide Open" project, Privacy International has put together a fact sheet about the secretive Five Eyes alliance. Consider this a guide to the secret surveillance alliance that has infiltrated every aspect of the modern global communications system.
Beginning in 1946, an alliance of five English-speaking countries (the US, the UK, Australia, Canada and New Zealand) developed a series of bilateral agreements over more than a decade that became known as the UKUSA…
Content Type: Long Read
Britain's spy agency, GCHQ, is secretly conducting mass surveillance by tapping fibre optic cables, giving it access to huge amounts of data on both innocent citizens and targeted suspects, according to a report in the Guardian.
Mass, indiscriminate surveillance of this kind goes against an individual's fundamental human right to privacy. The scope and scale of this program, which monitors the entire British public and much of the world, is neither necessary nor proportionate and thus,…