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Content Type: News & Analysis
2011 is supposed to be the year that the APEC pathfinder projects on Cross Border Privacy Rules (CBPR) deliver a functional system for businesses to be certified for transfer of personal information between participating APEC economies.
After the last round of APEC privacy meetings in Washington DC on 1-3 March, this prospect is looking increasingly remote. Even the basic set of documentation and processes required for the process of self-certification and assessment of businesses has yet to…
Content Type: News & Analysis
Skype has consistently assured that it protects its users and their communications. Having reviewed the company's technology and policies we have grounds for concern about Skype's overall level of security, and we believe there are a number of questions to which the company must respond. Skype's misleading security assurances continue to expose users around the world to unnecessary and dangerous risk. It's time for Skype to own up to the reality of its security and to take a leadership…
Content Type: Press release
Privacy International’s Director-General Simon Davies has today written to Prime Minister David Cameron and Creativity Software CEO Richard Lee following revelations that Kingston-based Creativity sold a location-tracking system to Iran.
Mr Davies expressed his disappointment that the Coalition has taken no steps whatsoever to stop the export from Britain of surveillance technology to repressive regimes in the Middle East and North Africa, where it is used as a tool of political control…
Content Type: News & Analysis
Nigel Waters has previously represented Privacy International at APEC Data Privacy Subgroup meetings, on one occasion with PI having official guest status, otherwise indirectly through membership of the Australian delegation. On this occasion, expenses were paid by USAid for participation in the technical assistance seminar, and this allowed attendance at the other meetings.
Cross border privacy rules
As a reminder, or for newcomers, the cross border privacy rules (CBPR) system is one…
Content Type: News & Analysis
Not since the 1990s has the internet been so exciting. With its use by political activists and journalists around the world, we can now again entertain the discussions that the internet brings freedom. Digital data traverses routers with little regard to national boundaries and so traditional constraints not longer apply. So it is no surprise that protestors on the streets of Tehran or Cairo are using the internet to organise. We like to believe in the freedom of the internet again, after…
Content Type: News & Analysis
For the past couple of months we have been discussing with Google their transparency plans regarding governments accessing data held by Google. Last week Google released initial data on how many requests for data were coming from which governments.
We congratulate Google on this first step, and we believe that by seeking answers to some additional questions, greater clarity may yet emerge. Of course we have many more questions. We hope that this is the first step in an ongoing dialogue with…
Content Type: News & Analysis
Last week the German Federal Constitutional Court overturned a law on the retention of telecommunications data for law enforcement purposes, stating that it posed a "grave intrusion" to personal privacy and must be revised. In their ruling the judges found that the law stands in contradiction to the basic right of private correspondence and does not protect the principle of proportionality, as it fails to balance the need to provide security with the right to privacy. All data on telephone…
Content Type: News & Analysis
Privacy International and EPIC praised a vote today in the European Parliament today that rejected the transfer of finacial records to the United States under an interim agreement. A resolution to reject the deal passed 378-16, with 31 abstentions. Members of the parliament stated the proposed agreement lacked adequate privacy safeguards, and was a disproportionat response to US concerns about terrorism that also lacked reciprocity.
Simon Davies, Director General of Privacy International…
Content Type: News & Analysis
The Active Millimeter Wave body scanners that airport security officials plan to use in greater numbers after a failed attempt to explode a bomb in a plane over Detroit raise troubling questions about passenger privacy, and ultimately the technology’s utility as a security measure.
While Privacy International supports the adoption of measures that will genuinely protect the security of passengers, we are deeply concerned that airport and security authorities increasingly deploy fashionable and…
Content Type: News & Analysis
Following an extensive campaign by Privacy International and our network of groups in the United Kingdom, the UK Government has decided to abandon its current plans for data sharing legislation.
The government has announced that it will immediately abandon clause 152 of the Coroners and Justice Bill, following on from an open letter that Privacy International sent to the Justice Secretary earlier this week.
As the Sunday Telegraph observed, the eloquence of the letter together with the…
Content Type: News & Analysis
At the request of the Civil Initiative on Internet Policy, a Kyrgyz public foundation, Privacy International participated in an international conference on Internet and Law in Bishkek, Kyrgyzstan.
The event was organized in response to proposals for a new data retention law and content regulation of the Internet and was attended by government officials, journalists, legal experts, and representatives of the telecommunications industry.
Kyrgyzstan adopted a data protection law only in April…
Content Type: News & Analysis
Two months ago, the UK Borders Agency began fingerprinting foreign children over six years old, from outside the European Economic Area and resident in Britain. At the time Jacqui Smith was congratulated for her tough line on issuing identity cards to foreign residents and no one, not even parliament, noticed that the biometric requirements applied to children of six. And parliament didn't know because it was never asked to approve the policy.
Nowhere in the world are you more powerless than…
Content Type: News & Analysis
Under the Terrorism Act 2000, police agencies in the UK have the power to stop and search within ‘security zones’ as established under order by the Home Secretary. Since February 2001, London has been designated as a security zone.
When this power was used in 2003 at a London protest against the arms trade, the protestors appealed to the courts on privacy grounds. The UK House of Lords ruled that although a stop and search in public was possibly an interference under Article 8(1) of the ECHR,…
Content Type: News & Analysis
Privacy International has briefed the UK House of Commons Treasury subcommittee on the risks to UK census data if a company with a US data centre is called on to run the census. Under weak US laws on safeguarding personal information, the UK census data could be abused without any knowledge of the UK government.
We filed a letter with the subcommittee to respond to the government minister's claims to the Commons that the government had no concerns about the US government gaining access to the…
Content Type: News & Analysis
Privacy International's recent complaint to the UK Information Commissioner has threatened to bring to a halt an imminent plan to fingerprint all domestic and international passengers departing from Heathrow's Terminal 1 and Terminal 5, due to begin on March 27th. The British media is reporting that in response to PI's complaint, the Information Commissioner has advised that passengers should only accept fingerprinting "under protest" until our complaint is resolved.
The prospect of…
Content Type: News & Analysis
The European Commission is about to announce the compulsory fingerprinting of all visitors to the EU, both visa holders and non-visa holders, along with automated border checks of EU nationals through the analysis of fingerprints and facial scans.
The Communication from December 2007, available here on the PI site, outlines the plans. Below we summarise the plans. Also see PI's commentary in the Guardian CommentisFree section from February 11, 2008.
Critical Analysis
The Communication does…
Content Type: News & Analysis
Together with a coalition with 18 Japanese rights groups, Privacy International today delivered a letter to the Japanese Minister of Justice to protest against the implementation of a fingerprinting system and face-scanning system at its borders. All visitors and many foreign residents to Japan will be fingerprinted under this plan. Our letter to the Minister is endorsed by 68 organisations from 30 countries. In our letter, we show that there are numerous problems with the government's plans.…
Content Type: Report
This report has been prepared by Privacy International following a six-month investigation into the privacy practices of key Internet based companies. The ranking lists the best and the worst performers both in Web 1.0 and Web 2.0 across the full spectrum of search, email, e-commerce and social networking sites.
The analysis employs a methodology comprising around twenty core parameters. We rank the major Internet players but we also discuss examples of best and worst privacy practice among…
Content Type: Report
This report has been prepared by Privacy International following a six-month investigation into the privacy practices of key Internet based companies. The ranking lists the best and the worst performers both in Web 1.0 and Web 2.0 across the full spectrum of search, email, e-commerce and social networking sites.
The analysis employs a methodology comprising around twenty core parameters. We rank the major Internet players but we also discuss examples of best and worst privacy practice among…
Content Type: News & Analysis
Privacy International and the American Civil Liberties Union have appealed to the Council of the European Union, the European Commission, the European Parliament, and privacy commissioners in 31 countries across Europe to repeal the agreement between the EU and the US on passenger data transfers. We argue that, with the recent disclosure of the 'Automated Targeting System' being used by the US Department of Homeland Security, the US has violated both American law and the agreement with the EU…
Content Type: News & Analysis
At its last session on November 21st and 22nd 2006, the Article 29 Working Party has again been dealing with the SWIFT case and has unanimously adopted Opinion 128 on its findings in this case.
In this Opinion, the Article 29 Working Party emphasizes that even in the fight against terrorism and crime fundamental rights must remain guaranteed. The Article 29 Working Party insists therefore on the respect of global data protection principles.
SWIFT is a worldwide financial messaging service…
Content Type: Press release
Privacy International (PI) today filed additional complaints with authorities in Japan, Israel, Korea, Taiwan, Province of China, Thailand and Argentina. On June 27th PI filed simultaneous complaints with Data Protection and Privacy regulators in 32 countries concerning recent revelations of secret disclosures of records from SWIFT to US intelligence agencies.(1)
The disclosures involve the mass transfer of data from SWIFT in Europe to the United States, and possibly direct access by US…
Content Type: News & Analysis
Booz Allen Hamilton, Inc., a prominent defence and intelligence consulting and engineering firm, has been hired as an outside "independent" auditor of the CIA and Treasury Department's Terrorist Finance Tracking Program ("TFTP"), which monitors banking transactions made through the Society for Worldwide Interbank Financial Telecommunication (SWIFT). Though Booz Allen's role is to verify that the access to the SWIFT data is not abused, its relationship with the U.S. Government calls its…
Content Type: News & Analysis
Dear Mr Schrank,
I am writing with regard to the current controversy over the private arrangement between SWIFT and the U.S. Government that facilitates the extradition of confidential financial transaction data from SWIFT to U.S. authorities. You will be aware that Privacy International contends that this arrangement breaches privacy and data protection law, and we have lodged complaints with regulatory authorities in 38 countries.
In my many discussions with SWIFT officials over the past…
Content Type: Press release
Following a series of formal complaints to regulators, the privacy watchdog organisation Privacy International has released its estimate of the volume of confidential UK financial data covertly transmitted to the US government.
Last week PI filed simultaneous complaints with Data Protection and Privacy regulators in 32 countries concerning recent revelations of secret disclosures of records from the banking giant SWIFT to US intelligence agencies (1).
This disclosure of data has been…
Content Type: Long Read
On June 22-23 2006 the New York Times ran a story uncovering an international financial surveillance programme run by the Bush Administration. In essence the Bush Administration is getting access to international transfer data and storing this in databases at the Treasury Department and/or CIA for access to investigate terrorist activity.
There are a number of inconsistencies in the accounts so far:
The U.S. claims that this is a narrowly focused programme that is compliant with the law,…
Content Type: News & Analysis
The Supreme Court of Canada has upheld the legality of the DNA database, including the retroactive collection of profiles. This decision supports the DNA Identification Act of 1998 and sees the taking of DNA from those who are convicted of serious offences not so much as a search but more as an act that enables identification.
In the case R v Rodgers (2006), decided 4-3, the Court was asked to consider, amongst numerous other issues:
Whether collection of DNA samples for data bank…
Content Type: News & Analysis
The Criminal Justice Act 2003 further widens the circumstances in which a non-intimate sample may be taken from an individual. The Act merely requires that in order to take a non-intimate sample without consent, a person is arrested for a recordable offence - a significant advancement on the requirement that the individual was charged with a recordable offence and one that will encompass countless more individuals.
Section 10 of the CJA 2003 alters the taking of non-intimate samples, but in a…
Content Type: News & Analysis
A campaign to eliminate the DNA profiles of 24,000 innocent juveniles from the database has been instigated by a Conservative Member of Parliament after a lengthy battle to remove the record of a concerned constituent’s son who was arrested as a result of misidentification. The National DNA Database currently holds the records of 750,000 juveniles – some of whom have been convicted of offences but many of whom were only charged, cautioned, questioned or were mere witnesses to incidents.
The…
Content Type: News & Analysis
The UK currently maintains the largest DNA Database in the world and is encouraging other governments to implement similar systems in their respective countries. Using international organisations such as Interpol, participant governments will be able to share and exchange the DNA profiles of their citizens subject to vague legislative provisions, such as 'the interests of crime detection and prevention'.
Background
The successful prosecution of a serial sex offender in 2004 led to…