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Content type: News & Analysis
Around the world, we see migration authorities use technology to analyse the devices of asylum seekers. The UK via the Policing Bill includes immigration officers amongst those who can exercise powers to extract information from electronic devices. There are two overarching reasons why this is problematic:
The sole provision in the Policing Bill to extract information rests on voluntary provision and agreement, which fails to account for the power imbalance between individual and state. This…
Content type: News & Analysis
It is difficult to imagine a more intrusive invasion of privacy than the search of a personal or home computer ... when connected to the internet, computers serve as portals to an almost infinite amount of information that is shared between different users and is stored almost anywhere in the world.
R v Vu 2013 SCC 60, [2013] 3 SCR 657 at [40] and [41].
The controversial Police Crime Sentencing and Courts Bill includes provision for extracting data from electronic devices.
The Bill…
Content type: Examples
During the Black Lives Matter protests of summer 2020, US police took advantage of a lack of regulation and new technologies to expand the scope of people and platforms they monitor; details typically emerge through lawsuits, public records disclosures, and stories released by police department PR as crime prevention successes. A report from the Brennan Center for Justice highlights New York Police Department threats to privacy, freedom of expression, and due process and the use of a predator…
Content type: Long Read
The Grand Chamber of the European Court of Human Rights ruled that the UK government’s historical mass interception program violates the rights to privacy and freedom of expression. The Court held that the program “did not contain sufficient “end-to-end” safeguards to provide adequate and effective guarantees against arbitrariness and the risk of abuse.” As a result the Court ruled that UK law "did not meet the “quality of law” requirement and was therefore incapable of keeping the “…
Content type: Press release
The Grand Chamber of the European Court of Human Rights has today ruled that UK mass surveillance laws violate the rights to privacy and freedom of expression.It 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 and freedom of expression, protected by Article 10. Particularly it found that:the absence of independent authorisation,the failure to include the categories of selectors in the…
Content type: Long Read
What’s the ruling all about?The Constitutional Court of South Africa in a historic judgment declared that bulk interception by the South African National Communications Centre is unlawful and invalid. Furthermore, the Constitutional Court found that the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) 1) was deficient in failing to provide at least a post-notification procedure for subjects of interception; 2) failed to ensure the…
Content type: News & Analysis
Today, the Constitutional Court of South Africa in a historic judgment declared that bulk interception by the South African National Communications Centre is unlawful and invalid.
The judgment is a confirmation of the High Court of South Africa in Pretoria’s powerful rejection of years of secret and unchecked surveillance by South African authorities against millions of people - irrespective of whether they reside in South Africa.
The case was brought by two applicants, the amaBhungane Centre…