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Content type: Report
First published in 2017, PI’s Guide to International Law and Surveillance is an attempt to collate relevant excerpts from these judgments and reports into a single principled guide that will be regularly updated. This is the fourth edition of the Guide. It has been updated it to reflect the most relevant legal developments until March 2024.The Guide aspires to be a handy reference tool for anyone engaging in campaigning, advocacy, and scholarly research, on these issues. The fourth…
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: Advocacy
Privacy International had suggested the Human Rights Committee consider the following recommendations for the UK government:Review and reform the IPA 2016 to ensure its compliance with Article 17 of the ICCPR, including by removing the powers of bulk surveillance;Abandon efforts to undermine the limited safeguards of the IPA 2016 through the proposed Investigatory Powers Amendment Bill;Refrain from taking any measures that undermine or limit the availability of encrypted communications or other…
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: Report
This policy paper seeks to determine the potential for the existing international private military and security companies (PMSC) regulatory framework to support more effective regulation of surveillance services provided by the private sector.In order to achieve this, and given that this paper addresses an issue that is at the intersection of two domains, it seeks to establish a common language and terminology between security sector governance and surveillance practitioners.In…
Content type: Advocacy
Privacy International welcomed the opportunity to provide input to the study of the UN Human Rights Council Advisory Committee on the human rights implications of new and emerging technologies in the military domain (NTMD) to be presented to the Human Rights Council at its sixtieth session.In the course of our work, we observe that the line between military and civilian technologies is blurring. Governments are increasingly relying on the very same technologies for military and civilian uses.…
Content type: Advocacy
Privacy International joined civil society efforts to call the South African Parliament not to approve the draft General Intelligence Laws Amendment Bill 2023 (GILAB), which was approved by the Cabinet and introduced in Parliament.
The Bill was proposed by the South African government, after the Constitutional Court found the Regulation of Interception of Communications Act of 2002 (RICA) unconstitutional on multiple grounds.
The draft Bill fails to meet the human rights standards on many…
Content type: Advocacy
Dejusticia, Fundación Karisma, and Privacy International submitted a joint stakeholder report on Colombia to the 44th session of the Universal Periodic Review at the UN Human Rights Council.Our submission raised concerns regarding the protection of the rights to freedom of expression and opinion, to privacy, and to personal data protection; the shutdown of civil society spaces; protection of the right to protest; and protection of the rights of the Venezuelan migrant and refugee population.…
Content type: Advocacy
We are responding to the UK Government's consultation to expand its powers around Technical Capabilities Notices and National Security Notices.
Background
Following Edward Snowden's revelations about the illegal and expansive secret powers of the US and UK intelligence agencies, the UK Government took the opportunity to, rather than reflect on what powers are proportionate in the modern era, to expand its arsenal of surveillance powers.
One of the powers it added was the ability to issue…
Content type: Advocacy
The submission provides PI’s information and analysis of some of the topics listed in the call. The widespread use of new technologies presents both opportunities and challenges for the protection of human rights, including the right to life and the right to privacy. PI believes that is essential that states take a human rights-centered approach in their use of these technologies, and ensure that their use is consistent with international human rights law. By doing so, states can ensure that…
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: 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: 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: Advocacy
Today, PI filed a complaint with the Forensic Science Regulator (FSR) in relation to quality and accuracy issues in satellite-enabled Global Positioning System (GPS) tags used for Electronic Monitoring of subjects released from immigration detention (GPS tags). We are concerned there may be systemic failures in relation to the quality of data extracted from tags, processed and interpreted for use in investigations and criminal prosecutions.
The GPS tags are used by the Home Office to…
Content type: Advocacy
Despite repeated recommendations by the UN Human Rights Council and the UN General Assembly to review, amend or enact national laws to ensure respect and protection of the right to privacy, national laws are often inadequate and do not regulate, limit or prohibit surveillance powers of government agencies as well as data exploitative practices of companies.
Even when laws are in place, they are seldom enforced. In fact PI notes how it is often only following legal challenges in national or…
Content type: Report
Privacy International’s submissions for the Independent Chief Inspector of Borders and Immigration inspection of the Home Office Satellite Tracking Service Programme
The Home Office have introduced 24/7 electronic monitoring and collection of the location data of migrants via GPS ankle tags. This seismic change cannot be overstated. The use of GPS tags and intention to use location data, kept for six years after the tag is removed, in immigration decision-making goes far beyond the mere…
Content type: Explainer
Following sustained reporting by researchers, journalists and activists around the world, including recent disclosures exposed by the PegasusProject, the surveillance industry is facing scrutiny like never before.
In the latest move, eighteen U.S. lawmakers have today demanded that the U.S. government imposes sanctions on four non-US surveillance companies for, as they mention in their letter, facilitating “disappearance, torture and murder of human rights activists and journalists”.
The move…
Content type: Examples
The 20 years since the 9/11 attacks have fundamentally changed the way the New York Police Department operates, leading it to use facial recognition software, licence plate readers, and mobile X-ray vans, among other surveillance tools for both detecting and blocking potential terrorist attacks and solving minor crimes. Surveillance drones monitor mass protests, antiterrorism officers interrogate protesters, and the NYPD’s Intelligence Division uses antiterror tactics against gang violence and…
Content type: Examples
Clashes between police and lockdown protesters have spawned reports of police brutality in Greece. Mobile phone footage of one such protest in March 2021 suggested that the police are using drones to surveil the protests, and some of those remanded have complained that they’ve been beaten and subjected to threats and sexual harassment while in custody. Disinfaux Collective has identified an individual caught on video throwing a petrol bomb as “either a police officer of the DRASI unit… or,under…
Content type: Examples
The Myanmar military are stopping people in the street, checking through the data on their phones, and taking them to jail if they find suspicious messages or photos. At least 5,100 people were still in jail many months after opposing the February 1, 2021 military takeover. The spontaneous searches also deter individuals from continuing to post on social media or lead them to create new accounts they hope will evade detection, and avoid crowded streets where police or soldiers are likely to be…
Content type: Examples
July 2021 saw violent protests that left 72 people dead and 1,300 in prison after former president Jacob Zuma was jailed for failing to appear before a constitutional court’s inquiry into corruption during his time in office. In response, the South African government deployed the military onto the streets in the provinces of Gauteng and Kwazulu Natal, and began monitoring social media platforms and tracking those who “are sharing false information and calling for civil disobedience”. President…
Content type: Examples
The South African government urged social media platforms to trace and remove posts that incite violence, share false information, and call for civil disobedience after a July 2021 series of spiralling protests sparked by the jailing of former president Jacob Zuka. A number of other African countries such as eSwatini, Senegal, Nigeria, Uganda, Niger, and the DRC have also been increasingly using tracking software, internet shutdowns, and social media monitoring during protests and elections.…
Content type: News & Analysis
Update: Based on the complaint, on 30 November 2021 the Ombudsman opened an inquiry into whether the European Commission failed to take into account human rights concerns or carry out human rights impact assessments before providing support to African countries to develop surveillance capabilities.
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Privacy International (PI) together with a coalition of human rights groups have today called on the European Ombudsman, the EU’s oversight body, to investigate evidence that the block is…
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: News & Analysis
As Amnesty International and Forbidden Stories continue to publish crucial information about the potential targets of NSO Group’s spyware, we know this much already: something needs to be done.
But what exactly needs to be done is less obvious. Even though this is not the first time that the world has learned about major abuses by the surveillance industry (indeed, it’s not even the first time this month), it’s difficult to know what needs to change.
So how can the proliferation and use of…
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: Explainer
An array of digital technologies are being deployed in the context of border enforcement. Satellite and aerial surveillance are part of the surveillance toolkit and yet, they are also used by organisations seeking to hold government actions to account and improve efficacy of their own work. To effectively critique state use and delve into potential benefits of satellite and aerial surveillance, we must first understand it.
In this explainer we dig into a technology which many are aware of for…
