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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: 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
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: 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: 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: 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: News & Analysis
In mid-2019, MI5 admitted, during a case brought by Liberty, that personal data was being held in “ungoverned spaces”. Much about these ‘ungoverned spaces’, and how they would effectively be “governed” in the future, remained unclear. At the moment, they are understood to be a ‘technical environment’ where personal data of unknown numbers of individuals was being ‘handled’. The use of ‘technical environment’ suggests something more than simply a compilation of a few datasets or databases.
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: News & Analysis
Our intervention comes on the back of mounting evidence that the South African state’s surveillance powers have been abused, and so-called “checks & balances” in RICA have failed to protect citizens’ constitutional right to privacy.
Among our core arguments are:
That people have a right to be notified when their communications have been intercepted so that they can take action when they believe their privacy has been unlawfully breached. Currently RICA prevents such notification, unlike…
Content type: Press release
Key points
Bulk Communications Data (BCD) collection, commenced in March 1998, unlawful until November 2015
Bulk Personal Datasets regime (BPD), commenced c.2006, unlawful until March 2015
Everyone’s communications data collected unlawfully, in secret and without adequate safeguards until November 2015
We maintain that even post 2015, bulk surveillance powers are not lawful
As the Investigatory Powers Bill is set to become law within weeks, we argue that the authorisation and…