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Content type: Report
Privacy International partnered with the International Human Rights Clinic at Harvard Law School to guide the reader through a simple presentation of the legal arguments explored by national courts around the world who have been tasked with national courts that discuss the negative implications of identity systems, particularly on human rights, and to present their judgement.
This argumentation guide seeks to fill that gap by providing a clear, centralised source of the arguments advanced in…
Content type: Report
Many countries in the world have existing ID cards - of varying types and prevalence - there has been a new wave in recent years of state “digital identity” initiatives.
The systems that states put in place to identify citizens and non-citizens bring with them a great deal of risks.
This is particularly the case when they involve biometrics - the physical characteristics of a person, like fingerprints, iris scans, and facial photographs.
Activists and civil society organisations around the…
Content type: Report
A common theme of all major pieces of national jurisprudence analyzing the rights implications of national identity system is an analysis of the systems’ impacts on the right to privacy.
The use of any data by the State including the implementation of an ID system must be done against this backdrop with respect for all fundamental human rights. The collection of data to be used in the system and the storage of data can each independently implicate privacy rights and involve overlapping and…
Content type: Report
Identity systems frequently rely on the collection and storage of biometric data during system registration, to be compared with biometric data collected at the point of a given transaction requiring identity system verification.
While courts have arguably overstated the effectiveness and necessity of biometric data for identity verification in the past, the frequency of biometric authentication failure is frequently overlooked. These failures have the potential to have profoundly…
Content type: Report
National identity systems naturally implicate data protection issues, given the high volume of data necessary for the systems’ functioning.
This wide range and high volume of data implicates raises the following issues:
consent as individuals should be aware and approve of their data’s collection, storage, and use if the system is to function lawfully. Despite this, identity systems often lack necessary safeguards requiring consent and the mandatory nature of systems ignores consent…
Content type: Report
While identity systems pose grave dangers to the right to privacy, based on the particularities of the design and implementation of the ID system, they can also impact upon other fundamental rights and freedoms upheld by other international human rights instruments including the International Covenant on Civil and Political Right and the International Covenant on Economic, Social and Cultural Rights such as the right to be free from unlawful discrimination, the right to liberty, the right to…
Content type: Report
Rather than providing a list of arguments, as is the case in the other sections of this guide, the fifth section provides a general overview describing the absence of consideration of these themes in existing jurisprudence and the reasons why these themes warrant future consideration including identity systems’ implications for the rule of law, the role of international human rights law, and considerations of gender identity.
Democracy, the Rule of Law and Access to Justice: This analysis of…
Content type: News & Analysis
A new report by the UN Working Group on mercenaries analyses the impact of the use of private military and security services in immigration and border management on the rights of migrants, and highlights the responsibilities of private actors in human rights abuses as well as lack of oversight and, ultimately, of accountability of the system.
Governments worldwide have prioritised an approach to immigration that criminalises the act of migration and focuses on security.
Today, borders are not…
Content type: Explainer
In the name of reinforcing migration control and increasing security, the EU is introducing a host of new surveillance measures aimed at short-term visitors to the Schengen area. New tools and technologies being introduced as part of the visa application process and the incoming “travel authorisation” requirement include automated profiling systems, a ‘pre-crime’ watchlist, and the automated cross-checking of numerous national, European and international databases. There are significant risks…
Content type: News & Analysis
The UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Professor Fionnuala Ní Aoláin together with Dr. Krisztina Huszti-Orbán, released today a key report on the “Use of Biometric Data to Identify Terrorists: Best Practice or Risky Business?”.
The report explores the human rights risks involved in the deployment of biometrics emphasising that
in the absence of robust rights protections which are institutionally embedded…
Content type: Advocacy
Identification systems across the world increasingly rely on biometric data. In the context of border management, security and law enforcement, biometric data can play an important role in supporting the investigation and prevention of acts of terrorism.
This Briefing aims to map out some of the implications of the adoption of identification systems based on biometrics.
Content type: Long Read
Over the last two decades we have seen an array of digital technologies being deployed in the context of border controls and immigration enforcement, with surveillance practices and data-driven immigration policies routinely leading to discriminatory treatment of people and undermining peoples’ dignity.And yet this is happening with little public scrutiny, often in a regulatory or legal void and without understanding and consideration to the impact on migrant communities at the border and…
Content type: Advocacy
Privacy International (PI), Fundaciòn Datos Protegidos, Red en Defensa de los Derechos Digitales (R3D) and Statewatch responded to the call for submission of the UN Special Rapporteur on contemporary forms of racism, xenophobia and related intolerance on how digital technologies deployed in the context of border enforcement and administration reproduce, reinforce, and compound racial discrimination.
This submission provides information on specific digital technologies in service of border…
Content type: Examples
Amazon has spent $10 million to buy 1,500 cameras to take the temperature of workers from the Chinese firm Zhejiang Dahua Technology Company even though the US previously blacklisted Dahua because it was alleged to have helped China detain and monitor the Uighurs and other Muslim minorities.
The cameras work by comparing a person’s radiation with a separate infrared calibration device and uses face detection technology to make sure it is looking for heat in the right part of the subjects…
Content type: Advocacy
Privacy International responded to the call for submissions of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the rights of peoples to self-determination on role of private military and security companies in immigration and border management and the impact on the protection of the rights of all migrants.
This submission builds on PI’s research and reporting highlighting examples of the involvement of private companies in…
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
An Accra High Court has ruled that the National Identification Authority can continue registering Ghanaians after two citizens filed a case arguing that continued registration violates the social distancing directive issued by president Akufo-Addo. However, a different division of the High Court granted a similar injunction filed by a group of 30 citizens, in force for ten days beginning on March 23.
Source: https://www.modernghana.com/news/992060/continue-with-your-ghana-card-registration-…
Content type: Examples
To help the UK's Department for Work and Pensions handle the more than half a million applications the department received in the last two weeks of March, the identity verification company Nomidio, a subsidiary of Post-Quantum, is offering its service free of charge. The service would enable a simple, server-based three-step verification process through a smartphone to help first-time users prove their identity.
Source: https://www.biometricupdate.com/202003/free-palm-and-face-biometrics-…
Content type: Examples
British biometric start-ups are helping the UK government create digital passports.
VST Enterprises is providing a biometrics-backed digital health care passport, V-COVID, to help critical NHS and emergency services workers get back to work; the passport will incorporate test results and be included in an app that can be scanned from two meters away. In combination, Patchwork Health, which provides NHS trusts with a digital platform and Truu, which provides a digital staff passport,…
Content type: Examples
Filipino president Rodrigo Duterte has exempted survey teams and National ID system registrars from lockdown rules on the basis that they are essential to providing cash distributions and other government responses intended to soften the impact of the community quarantine. Duterte argued that the acknowledged delays to the government's programme to assist low-income families derived from discrepancies in the lists of beneficiaries caused by relying on the 2015 census and that the implementation…
Content type: Examples
New versions of drones that currently issue audio warnings reminding people in Elizabeth, New Jersey to observe social distancing guidelines will incorporate sensors and fever-detecting cameras that will monitor if people are sick or failing to social distance on the trails and in the parks of Meriden, Connecticut, according to the commercial drone company Draganfly, which claims the cameras can also detect sneezing and heart and respiratory rates. The company expects to conduct pilot…
Content type: Examples
The Guangzhou Public Transportation Group has installed a biometric tablet next to bus drivers' seats so they can check the temperature and identity of every passenger who boards. The tablets will also photograph each passenger, allowing them to be identified by China's facial recognition network in the hope of helping control the spread of the novel coronavirus by enabling contact tracing for anyone displaying symptoms. The Group claims the data so gathered will only be used in the interests…
Content type: Examples
The Bangladeshi start-up Sigmind.ai has developed the WATCHCAM Mass Surveillance System, which it claims can recognise individuals even when they're wearing a mask with 87.3% accuracy - and 99.4% if they're not wearing a mask. The company began developing the system in 2019 to provide ATM security, but it now marketing it for contact tracing, help track down infected people, and enforce quarantine.
Source: https://www.dhakatribune.com/bangladesh/2020/04/07/bangladeshi-developers-devise-a…
Content type: Examples
The Ministry of Internal Affairs in Transnistria (the Pridnestrovian Moldovian Republic), an autonomous territorial unit of Moldova, has announced it will use facial recognition to identify people who break quarantine. In its press release, MIAT highlighted the case of a 26-year old citizen who was identified by the facial recognition system and arrested for breaking quarantine; he now faces a fine or detention in one of the city's temporary centres.
Source: https://novostipmr.com/ru/news/20-…
Content type: Advocacy
Privacy International welcomed the opportunity to contribute to the consultation on the Principles on Identification for Sustainable Development. Valuable lessons have been learnt, particularly in the last few years, on the serious consequences of identity systems. We have seen challenges in court that have found that key provisions of these systems are incompatible with the right to privacy enshrined in constitutions. We have seen civil society organisations highlighting the serious risks…
Content type: Case Study
In Peru, you get asked for your fingerprint and your ID constantly - when you’re getting a new phone line installed or depositing money in your bank account – and every Peruvian person has an ID card, and is included in the National Registry of Identity – a huge database designed to prove that everyone is who they say they are. After all, you can change your name, but not your fingerprint.
However, in 2019 the National Police of Peru uncovered a criminal operation that was doing just that:…
Content type: Case Study
Having a right to a nationality isn’t predicated on giving up your right to privacy - and allowing whichever government runs that country to have as much information as they want. It is about having a fundamental right to government protection.
For the first time since 1951, Assam - a state in the north east of India - has been updating its national register of citizens (NRC), a list of everyone in Assam that the government considers to be an Indian citizen. The final version, published in…
Content type: Examples
China: Manufacturer Telepower adds fever detection and facial recognition to point-of-sale terminals
According to a company announcement, Telepower Communication (Telpo), a leading Chinese manufacturer of smart point-of-sale systems and intelligent hardware, has integrated into its terminals new features to support a wide variety of contactless use cases. The company’s family of terminals for catering, retail, payment, security, and other applications, include biometric, fever-detecting facial recognition, and ticket validation technology. The technology supports accurate identification of up…
Content type: News & Analysis
Unlikely as it may seem, the UN institution that has one of the greatest potential to impact upon people’s rights around the world is now the UN Statistics Division. And why is that?
Last week, they had a crucial meeting where they endorsed the UN’s Legal Identity Agenda and the UN’s Legal Identity Task Force. The stakes could hardly be higher. One of the UN’s Sustainable Development Goals, SDG 16.9, states that “by 2030 provide legal identity for all including free birth…
Content type: Long Read
The UK’s Metropolitan Police have began formally deploying Live Facial Recognition technology across London, claiming that it will only be used to identify serious criminals on “bespoke ‘watch lists’” and on “small, targeted” areas.
Yet, at the same time, the UK’s largest police force is also listed as a collaborator in a UK government-funded research programme explicitly intended to "develop unconstrained face recognition technology", aimed “at making face…