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Content type: Press release
Today Sir Stanley Burnton, the Interception of Communications Commissioner, published a highly critical review of the use of Section 94 of the Telecommunications Act 1984 for gathering vast amounts of our communications data in bulk. This obscure clause pre-dates the internet era, but has been used for nearly two decades for mass surveillance. Today is the first time that these powers have been criticised by an independent statutory body. IOCCO is critical of the Government's use of these…
Content type: Long Read
This piece originally appeared here.
On both sides of the Atlantic, we are witnessing the dramatic expansion of government hacking powers. In the United States, a proposed amendment to Rule 41 of the Federal Rules of Criminal Procedure would permit the government to obtain a warrant, in certain circumstances, to hack unspecified numbers of electronic devices anywhere in the world. Meanwhile, across the pond, the British Parliament is currently debating the Investigatory…
Content type: Press release
Judges of the Investigatory Powers Tribunal visited MI5 in 2007 for a secret briefing. None of the judges hearing the case this week attended the briefing.
At the briefing, MI5 persuaded the judges that MI5 did not usually have to disclose its data holdings in “Bulk Personal Datasets” to the Tribunal. These are highly intrusive datasets that have details of a vast number of people's location, internet use, financial information and telephone records.
This meant that, as complaints were…
Content type: Press release
Previously secret official documents, containing new revelations about the Government's mass surveillance regime, have today been disclosed as a result of litigation brought by Privacy International against the Intelligence Agencies (MI5, MI6, GCHQ). These documents shed further light on the secretive bulk data collection regime operating under section 94 of the Telecommunications Act 1984 and the Bulk Personal Data-set regime.
Documents available:…
Content type: Press release
Tomorrow, on 26 July, the main hearing will begin in Privacy International's legal challenge against MI6, MI5, and GCHQ's collection of bulk communications data and bulk personal datasets. Previously secret documents will be made public at the hearing, and Privacy International will brief attending journalists about the significance of the disclosed documents.
The hearing will include references to important documents detailing the collection of data on every citizen in the…
Content type: Press release
Harmit Kambo, Campaigns Director, Privacy International said
"The overwhelming vote by MPs last night in favour of massively intrusive new state surveillance powers represents both a failure of the democratic process and a grim watershed moment for the privacy of every one of us.
Over the course of the Bill Committee stage, Privacy International, alongside experts from academia, technology firms, the legal profession, human rights organisations, and civil liberties groups have proposed over…
Content type: Press release
Privacy International releases previously confidential correspondence between lawyers for MI5 and GCHQ and the former Interception of Communications Commissioner, highlighting problems with the relationship between the two bodies
The correspondences show a lack of meaningful oversight and restraint of UK surveillance agencies
Ahead of the vital commons vote on the Investigatory Powers Bill, we need to create a system that guarantees better oversight of surveillance powers…
Content type: News & Analysis
Another committee-led scrutiny. Another list of changes that need to be made to the Investigatory Powers Bill. This seems familiar.
The Joint Committee on Human Rights has weighed in with scrutiny of the Investigatory Powers Bill prior to the Bill’s debate and vote in the House of Commons on the 6 and 7 June. The recommendations the report contains once again raise questions about the fitness of the Bill to be passed in its current form.
The Committee identified thematic warrants - which…
Content type: News & Analysis
Thank you to those of you who joined our campaign, 'Did GCHQ Illegally Spy on You?'. If you made a claim to the Investigatory Powers Tribunal (IPT) - the court that hears claims about surveillance by public bodies, including the intelligence agencies - to find out if GCHQ has illegally obtained your communications, you will have probably received a letter or email from the IPT by now. We've written a 'Frequently Asked Questions' (FAQ) to help clarify what the ruling means and how you can now…
Content type: Press release
Despite Government attempts to stop 650 claims about surveillance being investigated, the Investigatory Powers Tribunal has today ruled that the cases can be heard
However, the Tribunal is requiring the 650 claimants to submit further information demonstrating that they are "potentially at risk" of unlawful surveillance, prior to investigating their claims of unlawful spying
The Tribunal has said that people outside the UK have no legal right to find out if British…
Content type: News & Analysis
This letter originally appeared here.
Dear Home Secretary
You are fortunate that the SNP and Labour Party courageously abstained from the vote on the Investigatory Powers Bill, content with government assurances that mass surveillance of British citizens is not government policy. Mass surveillance is not, and could never be, government policy. Merely government practice.
I congratulate you on your much-quoted claim that the Investigatory Powers Bill will contain a “world-leading…
Content type: News & Analysis
Last month, the UK Information Commissioner's Office announced a “private investigator crackdown”, citing concerns that private investigators were using hacking techniques to gain access to personal information.
The use of dodgy private investigators and illegal hacking by private investigators in the UK has attracted significant media attention in the wake of the phone hacking scandals, which involved the use of such private investigators by major newspapers.
The sector isn't…
Content type: Press release
Privacy International, the leading global privacy rights NGO, has today filed a Judicial Review at the UK High Court, challenging the Investigatory Powers Tribunal's (IPT) decision that the Government can issue general hacking warrants. This decision means that British intelligence agency GCHQ can continue to hack into the computers and phones of broad classes of people - including those residing in the UK. The Investigatory Powers Bill, currently being debated in Parliament, seeks to…
Content type: News & Analysis
“It’s like 10,000 spoons when all you need is a knife”. Alanis Morissette thought that was ironic. I never thought so. I suggest a far more ironic lyric to you Alanis - "It’s like the Home Office not listening during a consultation about how it wants to listen to everything you do’. OK, it might not be the catchiest lyric, but you can’t say it’s not ironic.
Today the latest version of the Investigatory Powers Bill was published. The Government might want some credit…
Content type: Long Read
1984: A broad law, a broad power and a whole lot of secrecy
In the wake of litigation brought by Privacy International (‘PI’) and as the Government prepared to introduce the Draft Investigatory Powers Bill (‘IP Bill’) in November 2015, there was a cascade of ‘avowals’- admissions that the intelligence agencies carry out some highly intrusive surveillance operations under powers contained in outdated and confusing legislation.
It is disappointing that it has been almost six months since…
Content type: Press release
Previously confidential documents published today reveal the staggering extent of UK Government surveillance that has been kept secret from the public and Parliament for the last 15 years. Revealed in a case brought by Privacy International about the use of so-called 'Bulk Personal Datasets' and a law dating back to 1984, the extracts show that the UK Government's intelligence services, GCHQ, MI5, and MI6, routinely requisition personal data from potentially thousands of public and…
Content type: News & Analysis
Section 217 and the Draft Code of Practice on Interception of Communications
Tech giants including Apple Inc, Facebook Inc, Google Inc, Microsoft Corp, Twitter Inc and Yahoo Inc have been openly critical of the UK Government’s Investigatory Power Bill (IPBill). However, what has not been highlighted is a deeply concerning Draft Code of Practice on Interception on Communications, which will not only affect telecommunications companies small and large, but result in costs to the…
Content type: News & Analysis
If you were to buy ‘Anna Karenina’ online, you would be told that people who bought Tolstoy’s classic also bought Dostoevsky’s ‘Crime and Punishment’. But if you've just read an 848 page epic Russian novel, do you really want your follow up to be a 1,008 page epic Russian novel? Maybe you want to read something very different next, maybe some contemporary American short stories, such as ’No one belongs here more than you’ by Miranda July? But you know, I don't think the…
Content type: News & Analysis
Surveillance companies and government officials from across the world are gathering in the UK this week at the invitation of the Home Office for the UK’s “Premier Security and Law Enforcement Event’, one week after the controversial spying legislation, entitled the Investigatory Powers Bill, had its first reading in Parliament.
Delegates and companies will be attending the three-day long ‘Security and Policing’ trade show in Farnborough, the historical centre of the UK’s aerospace industry.…
Content type: News & Analysis
The Investigatory Powers Bill introduced on Tuesday 1 March contains the same range of ‘bulk powers’ envisaged in the earlier draft: bulk interception warrants; bulk acquisition warrants; bulk equipment interference warrants; and bulk personal dataset warrants.
These powers, if adopted as currently envisaged in the Bill, would codify a practice of mass, untargeted surveillance by the UK intelligence services.
In the last couple of years, some of the mass surveillance powers used by…
Content type: Press release
In response to the Investigatory Powers Tribunal (IPT) ruling today that GCHQ's hacking is lawful, we have issued the following press statement:
"We are disappointed by the IPT’s judgment today, which has found Government hacking lawful based on a broad interpretation of a law dating back to 1994, when the internet and mobile phone technology were in their infancy.
Until we brought this case, GCHQ would neither confirm nor deny that it was they were engaging in mass hacking of…
Content type: Long Read
The Investigatory Powers Tribunal (“IPT”) today held that GCHQ hacking of computers, mobile devices and networks is lawful, wherever it occurs around the world. We are disappointed that the IPT has not upheld our complaint and we will be challenging its findings.
Our complaint is the first UK legal challenge to state-sponsored hacking, an exceptionally intrusive form of surveillance. We contended that GCHQ hacking operations were incompatible with democratic principles and human rights…
Content type: Press release
Today’s report by the Joint Committee on the Investigatory Powers Bill is the third committee report that concludes that the Home Office has failed to provide a coherent surveillance framework.
The Joint Committee on the Investigatory Powers Bill today published a 198 page report following a short consultation period between November and January. Their key findings are that:
- the definitions in the bill need much work, including a meaningful and comprehensible…
Content type: News & Analysis
The problems with thematic warrants and why they should be removed from the UK Government’s Investigatory Powers Bill
We currently have the rare opportunity to scrutinise and debate the powers that law enforcement, the security and intelligence agencies and public bodies should have to interfere with our private communications, our devices and our digital lives. These powers are being enshrined and expanded upon in the draft Investigatory Powers Bill (IP Bill), currently under scrutiny by the…
Content type: Press release
Gus Hosein, Executive Director, Privacy International said:
“Parliament's Intelligence and Security Committee (ISC) has today slammed the Government’s draft Investigatory Powers Bill for its lack of transparency, lack of clarity and lack of privacy protections. We urge the Home Office to take on board the wide ranging criticisms that the tech sector, civil society, and now even the Parliamentary committee that oversees the surveillance capabilities of the intelligence agencies, have made of…
Content type: Press release
Privacy International welcomes the Committee’s report on the draft Investigatory Powers Bill (IP Bill). The report mirrors what many from across the technology sector and civil society have been saying: the lack of clarity in the draft Bill risks undermining security and privacy.
The Committee encountered almost universal confusion regarding the meaning of “Internet Connection Records” and what the collection of such records would entail. …
Content type: News & Analysis
In 2015 the United Nations' human rights mechanisms significantly increased their capacity to monitor and assess states' compliance with their obligations around the right to privacy. Notably, the Human Rights Council established the mandate of the Special Rapporteur on the right to privacy, filling a significant gap in the international human rights protection system. Meanwhile, the Human Rights Committee put surveillance laws and practices in a range of countries under close scrutiny, making…
Content type: News & Analysis
Sometimes it takes an unexpected stranger to remind you what you have, and what you are at risk of losing. Roman Zakharov, a Russian publisher who challenged Russia’s surveillance legislation, is that stranger for many Brits and Europeans. The Grand Chamber of the European Court of Human Rights judgement on Friday 4 December 2015 was remarkable, not because it tore up the rule book on the jurisprudence surrounding state surveillance in the Council of Europe, but because it followed…
Content type: News & Analysis
Internet Connection Records are a new form of communications data created by the Investigatory Powers Bill at Parts 3 and 4. They constitute an unlawful interference with privacy with the ability to provide a highly detailed record of the activities of individuals, profiling their internet habits.
Clause 62 of the Investigatory Powers Bill (“IP Bill”) permits a wide range of public authorities to collect Internet Connection Records, however throughout debates on this highly controversial new…
Content type: Press release
This is Privacy International's submission in response to the Science and Technology Committee's call for evidence on the draft Investigatory Powers Bill.