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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: Examples
As Europeans went back to work and social spaces in early summer 2020, they discovered that these had been newly equipped with a variety of technologies that brought surveillance with them as the price of preventing a resurgence of the coronavirus. Among the tools being adopted: a Romware Covid Radius bracelet, which beeps whenever two workers get too close to each other; laser technology to ensure social distancing in shopping malls; mask detection technology, facial recognition to ensure…
Content type: Examples
When Google and Apple announced their joint platform for contact tracing, the companies said the system would not track users’ locations. By mid-July, the resulting apps had been downloaded more than 20 million times in companies such as Germany and Switzerland. However, in order for Bluetooth, which the app requires, to work on Android phones, users must enable location services, with the result that Google may be able to track their location. Governments and health officials in Germany,…
Content type: Examples
Many of the technologies used to combat the coronavirus pandemic, including monitoring and analysing social media posts, telecommunications location data, and the use of sensors, were first tested on refugees during the 2015 crisis and are now being repurposed in the name of public health. In 2019, the European border security agency Frontex published a €400,000 tender for social media analysis services hoping to better predict future migration patterns; the tender was withdrawn after an…
Content type: Examples
Liechtenstein is the first European country to use biometric electronic bracelets to implement a real time coronavirus tracking programme. The bracelet, which sends skin temperature, breathing, and pulse, among other metrics, for analysis in a Swiss lab, is being offered to 5% of the population. The country, which acted early to prevent the epidemic, plans to roll the bracelets out to the entire population by autumn.
Source: https://inews.co.uk/news/health/coronavirus-testing-latest-…
Content type: Examples
GDPRHub is collecting a list of projects around the world that are using personal data to combat the novel coronavirus. The list is divided into categories such as decentralised contact tracing apps and frameworks; centralised contact tracing systems; lockdown enforcement; self-assessment apps; mapping projects; and statistical analysis. The site also tracks COVID-19-releated data protection issues.
Source: https://gdprhub.eu/index.php?title=Projects_using_personal_data_to_combat_SARS-…
Content type: Examples
Led by Germany's Fraunhofer Heinrich Hertz Institute for Telecoms, technologists and scientists from at least eight countries, are working on a proximity-based contact tracing technology that complies with GDPR. The Pan-European Privacy-Preserving Proximity Tracing project (PEPP-PT) is intended to leverage smartphones to help disrupt the spread of infection by notifying individuals when their smartphones are near enough to to that of another person to carry out a Bluetooth handshake - thereby…
Content type: News & Analysis
Today, Privacy International, along with nine other NGOs including Liberty and Amnesty International, attended a hearing before the Grand Chamber of the European Court of Human Rights (ECtHR) to revisit the Court's first ruling on our case challenging UK mass surveillance and intelligence sharing. In September 2018, the First Section of the ECtHR ruled that the UK government's mass interception program violates the rights to privacy and freedom of expression. Notwithstanding the positve aspects…
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: Long Read
Cellebrite, a surveillance firm marketing itself as the “global leader in digital intelligence”, is marketing its digital extraction devices at a new target: authorities interrogating people seeking asylum.
Israel-based Cellebrite, a subsidiary of Japan’s Sun Corporation, markets forensic tools which empower authorities to bypass passwords on digital devices, allowing them to download, analyse, and visualise data.
Its products are in wide use across the world: a 2019 marketing…
Content type: Advocacy
UPDATE 13 February: Facebook announced that it would open up its Ad Archive API next month. Read Mozilla's statement about the response here.
On 11 February 2019, Privacy International joined Mozilla and 36 organisations in an open letter to Facebook call on Facebook to make good on its commitments to provide more transparency around political advertising ahead of the 2019 EU Parliamentary Elections.
Specifically, our open letter urges Facebook to:
Roll out a functional, open Ad…
Content type: News & Analysis
Privacy International welcomes the judgment of the European Court of Human Rights in Catt v the United Kingdom.The Court found that the UK violated the right to privacy (Article 8 of the European Convention on Human Rights) of Mr John Catt, a peace movement activist, who despite having never being convicted of any offence, had his name and other personal data included in a police database known as the “Extremism Database”. The Court found problematic "the variety of definitions of…
Content type: News & Analysis
On 22 January 2019 Google updated its Terms of Service and Privacy Policy for Europe.
The message is quite reassuring:
“Nothing about your experience in Google services will change. And nothing is changing in terms of your privacy settings, the way your data is processed, nor the purposes of its processing”.
Then it says: “However, if you don’t want to accept these changes in our terms and Privacy Policy, you can choose to stop using the applicable services.”
Simple. If you don’t like it,…
Content type: News & Analysis
We found this image here.
In order for GDPR to be effective at protecting people's data, it must be implemented and enforced. Therefore, we are pleased to see that CNIL has taken action and issued Google a fine of €50 million based on complaints by NOYB and La Quadrature Du Net in May 2018. Despite numerous statements by Google that it takes the protection of people's data seriously, the decision demonstrates that they have a long way to go and that regulators will take action to hold…
Content type: News & Analysis
Privacy International notes a recent ruling issued by Italy’s Supreme Court (Corte di Cassazione) that addresses the need to limit government hacking powers for surveillance purposes and articulates required safeguards when hacking is conducted as part of a criminal investigation.
The ruling addresses the appeals of several individuals involved in a case of corruption; the appeals challenge irregularities in the collection of data as part of the criminal investigation, which resulted in the…
Content type: Long Read
This piece was originally published in Just Security.
Earlier this month, the European Court of Human Rights issued a major judgment in three consolidated cases challenging the U.K. government’s mass interception program, which was first revealed by Edward Snowden in 2013. That judgment finds notable deficiencies in the legal framework governing mass interception, rendering the program unlawful under Articles 8 and 10 of the European Convention on Human Rights (ECHR), which protect the rights…
Content type: News & Analysis
Today was a big day for the privacy of millions of people. The European Court of Human Rights has today ruled that UK laws enabling mass interception of our communications violate the rights to privacy and freedom of expression. This finding is an important victory for human rights and the rule of law.
The judges 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 (ECHR) and to free…
Content type: Long Read
The European Court of Human Rights ruled today that the UK government's mass interception program violates the rights to privacy and freedom of expression. The Court held that the program "is incapable of keeping the 'interference' to what is 'necessary in a democratic society'". This finding is an important victory for human rights and the rule of law. Below, we break down the key parts of the decision.
The Court's ruling comes after a five-year battle against two UK mass surveillance…
Content type: Press release
The European Court of Human Rights has today ruled that UK laws enabling mass surveillance violate the rights to privacy and freedom of expression.
Judges 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 (ECHR) and to free expression, protected by Article 10.
The interception of communications data is as serious a breach of privacy as the interception of content, meaning the UK…
Content type: News & Analysis
In order to uphold the law and keep us safe, the police can seriously interfere with a range of fundamental human rights. And so transparency and public scrutiny of their actions are essential to protect against misconduct and abuse.
So why is the National Police Chiefs’ Council (NPCC) now permitted to operate in secret?
We all have the right to seek information from most public bodies – including the police – under the Freedom of Information Act (FOIA) 2000. When the law was first…
Content type: Long Read
As we said before, Facebook and Cambridge Analytica scandals are a wake-up call for policy makers. And also a global issue. People around the world are concerned by the exploitation of their data. The current lack of transparency into how companies are using people’s data is unacceptable and needs to be addressed.
There is an entire hidden ecosystem of companies harvesting and sharing personal data. From credit scoring and insurance quotations to targeted political communication, this…
Content type: Long Read
Today Privacy International together with 27 other organisations from across Europe urge European governments to strengthen the protection of privacy and security of online communications. The proposal to reform e-privacy in Europe was launched in January 2017. However, despite the clear and urgent need of this reform, recently demonstrated by the Facebook/Cambridge Analytica case, the negotiations by EU member states have been inconclusive. Worse still, some governments seem willing to…
Content type: News & Analysis
Written by Privacy International
07:06: Camille’s smart pillow sends a signal to her smartphone that it’s time for her to wake up. She checks the quality of sleep on the app – last night was not great. Because the pillow tracks the motion in her bed, the company knows what else she may (or may not) have been up to. But the company doesn’t just track her when she is in bed. By downloading the app, Camille has also authorised access to her location wherever she goes, her camera, her contact…
Content type: News & Analysis
Written by Privacy International
08:27: Jen gets on the London Underground to go to work. She uses her contactless debit card to pay for the tube, so Transport for London knows where she is travelling to and from and her bank knows when she takes the tube.
08:36: The public WiFi on the tube means that even when Jen doesn’t connect to it, her every step inside the underground is tracked. The data will eventually be sold to advertisers.
08:58: Jen arrives at work. As with all the lower…
Content type: News & Analysis
This piece originally appeared in Open Democracy here.
As the UK Parliament returns from its summer break, everyone’s back to talking about Brexit. But there’s another policy of existential significance to our democracy that we really need to be talking about. I refer here to the innocuously named ‘Investigatory Powers Bill’. The House of Lords have been debating the ‘bulk powers’ — what we would call the mass surveillance measures — of the Bill over the recent days. We are literally…
Content type: Advocacy
Thornsec is a piece of software developed by Privacy International’s Tech Team which is an automated way to deploy, test, and audit internal and external services for an organisation, saving a lot of time and creating a sustainable security model. We are using this software to run all of Privacy International’s services – website, calendar, project management tools, Tor hidden services, VPNs. The whole system runs on two servers and the whole cost is around US$1000 to set up.
Thornsec is…
Content type: Advocacy
Privacy International has responded to the European Commission’s consultation on the interoperability of EU information systems for borders and security.
The Commission is currently looking at ways in which various border control and policing EU databases and IT systems can be connected to share and exchange more data.
The plans raise a number of concerns as highlighted by Privacy International in our response. These relate to significant potential harms associated with…
Content type: News & Analysis
For further information on timeline and case history, read this briefing.
Arguments
The argument were based on the written submissions of the parties. The oral statements summarised key points in these submissions.
The submissions can be found on PI’s website under Legal Action. In terms of today’s proceedings (these are now available through webcast)
Counsel for the UK Government, James Eadie QC started off proceedings, his opening arguments were: 1) The issues are of…
Content type: Press release
The European Court of Human Rights will hear a landmark case on surveillance tomorrow (7 November) as part of a challenge to the lawfulness of the UK’s surveillance laws and its intelligence agencies’ mass surveillance practices.
See the attached briefing for case background and historical information.
The case, described by campaigners as a “watershed moment for people’s privacy and freedom of expression across the world”, is being brought by Amnesty International, Liberty, Privacy…
