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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
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: 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
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on our challenge to the UK bulk communications regime finding that section 94 of the Telecommunications Act 1984 (since repealed by the Investigatory Powers Act 2016) was incompatible with EU law human rights standards.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: 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: Long Read
Q&A: EU's top court rules that UK, French and Belgian mass surveillance regimes must respect privacy
Content type: Case Study
The Ugandan government has a running contract with the Chinese tech giant, Huawei, to supply and install CCTV cameras along major highways within the capital, Kampala, and other cities.
While details of the contract remain concealed from the public, the Uganda Police Force (UPF) released a statement, simply confirming its existing business partnership for telecommunication and surveillance hardware, and software between the security force and Huawei. However, it is not clear whether the…
Content type: News & Analysis
Today Advocate General (AG) Campos Sánchez-Bordona of the Court of Justice of the European Union (CJEU), issued his opinions (C-623/17, C-511/18 and C-512/18 and C-520/18) on how he believes the Court should rule on vital questions relating to the conditions under which security and intelligence agencies in the UK, France and Belgium could have access to communications data retained by telecommunications providers.
The AG addressed two major questions:
(1) When states seek to impose…
Content type: News & Analysis
Today, the High Court of South Africa in Pretoria in a historic decision declared that bulk interception by the South African National Communications Centre is unlawful and invalid.
The judgment is a 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 for Investigative Journalism and journalist Stephen…
Content type: Long Read
Six years after NSA contractor Edward Snowden leaked documents providing details about how states' mass surveillance programmes function, two states – the UK and South Africa – publicly admit using bulk interception capabilities.Both governments have been conducting bulk interception of internet traffic by tapping undersea fibre optic cables landing in the UK and South Africa respectively in secret for years.Both admissions came during and as a result of legal proceedings brought by Privacy…
Content type: Impact Case Study
What HappenedOn 5 June 2013, The Guardian published the first in a series of documents disclosed by Edward Snowden, a whistleblower who had worked with the NSA. The documents revealed wide-ranging mass surveillance programs conducted by the USA’s National Security Agency (NSA) and the UK’s Government Communications Headquarters (GCHQ), which capture the communications and data of hundreds of millions of people around the world. In addition to revealing the mass surveillance programs of the NSA…
Content type: Impact Case Study
PI and our global partners have been at the forefront of challenging communications data retention for over a decade.
What is the problem
Communications data, also known as metadata, tells a story about your digital activity and answers the who, when, what, and how of a specific communication. While communications data doesn't include the contents of a message, all of the other information about the message can be very revealing about people, their habits, thoughts, health and personal…
Content type: Impact Case Study
What happenedThe Clinton Administration kicked off the cypto-wars in 1993 with the Clipper Chip. The continued application of export controls restrained the deployment of strong cryptography in products at a key moment of internet history: as it began to be embedded in software and networking. What we didIn the early phases of the crypto-wars we placed pressure on global industry to implement encryption in their products. We ran campaigns and events across the world on the need for strong…
Content type: Impact Case Study
What is the problem
For over two decades we have been documenting an alarming use and spread of surveillance. It is no longer just the wars on terror or drugs or migration that is driving this trend. The management of health crises and distribution of welfare regularly are among others being used to justify this turn to increasingly invasive forms of surveillance. From country to country we see the same ideas and the same profiteers expanding their reach.
When we first released our report on…
Content type: Impact Case Study
What happenedIn the aftermath of 9/11, Governments across the world rushed to legislate to expand surveillance. GovernmentsMoved to limit debate and reduce consultations as they legislated with speed.Created new systems to collect data on all travellers, for the purpose of profiling and risk scoring.Expanded identity schemes, and began demanding biometrics, particularly at borders.Developed financial surveillance mechanisms on an unprecedented scale.What we didFew non-governmental…
Content type: Impact Case Study
What happenedGovernments continuously seek to expand their communications surveillance powers. In the 1990s it was in the context of applying telephone surveillance laws to the internet. In the 2000s a spate of new laws arrived in response to 9/11. Expansions were then sought to monitor over-the-top services within the framing of Web 2.0. Then in the post-Snowden environment Governments rushed to legislate their previously secret powers.What we didWe supported…