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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: Report
Over the past years, data retention regulation imposing generalised and indiscriminate data retention obligations to telecommunication companies and Internet service provides has been introduced in various jurisdictions across the world. As the data retention practices across the world have evolved this new report is an attempt to shed some light on the current state of affairs in data retention regulation across ten key jurisdictions. Privacy International has consulted with human…
Content type: Video
Find out more on our website: https://privacyinternational.org/long-read/4206/qa-eus-top-court-rules-uk-french-and-belgian-mass-surveillance-regimes-must-respect
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Content type: Long Read
Q&A: EU's top court rules that UK, French and Belgian mass surveillance regimes must respect privacy
Content type: Press release
Today, the ICO has issued a long-awaited and critical report on Police practices regarding extraction of data from people's phones, including phones belonging to the victims of crime.
The report highlights numerous risks and failures by the police in terms of data protection and privacy rights. The report comes as a result of PI’s complaint, dating back to 2018, where we outlined our concerns about this intrusive practice, which involves extraction of data from devices of victims, witnesses…
Content type: Explainer
In a scramble to track, and thereby stem the flow of new cases of Covid-19, Governments around the world are rushing to track the locations of their populace. One way to do this is to leverage the metadata held by mobile service providers (telecommunications companies - "Telcos" - such as Hutchison 3 (Also known as Three), Telefonica (Also known as O2), Vodafone, and Orange) in order to track the movements of a population, as seen in Italy, Germany and Austria, and with the European Commission…
Content type: Examples
Mexico is one of the biggest buyers of next-generation surveillance technology. And now data leaked to Forbes indicates it's taken an unprecedented step in becoming the first-known buyer of surveillance technology that silently spies on calls, text messages and locations of any mobile phone user, via a long-vulnerable portion of global telecoms networks known as Signalling System No. 7 (SS7).
The revelation was contained in what an anonymous source close claimed was…
Content type: Examples
The whistleblower said they were unable to find any legitimate reason for the high volume of the requests for location information. “There is no other explanation, no other technical reason to do this. Saudi Arabia is weaponising mobile technologies,” the whistleblower claimed.
The data leaked by the whistleblower was also seen by telecommunications and security experts, who confirmed they too believed it was indicative of a surveillance campaign by Saudi Arabia.
The data shows requests for…
Content type: Examples
8 europeans telecoms providers (Vodafone, Deutsche Telekom, Orange,Telefonica, Telecom Italia , Telenor, Telia and A1 Telekom Austria) have agreed to share mobile phone location data with the European Commission to track the spread of the coronavirus.
The Commission said it would use anonymsed data and aggregated mobile phone location to coordinate the tracking of the virus spread. They also announced the data would be deleted after the crisis.
Source: https://www.reuters.com/article/us-…
Content type: News & Analysis
Photo: The European Union
On 2 September 2019, Privacy International, together with 60 other organisations, signed an open letter to the European Parliament to express our deep concern about upcoming EU policy proposals which undermine the EU’s founding values of human rights, peace and disarmament.
Since 2017, the EU has diverted funds towards security research and security capacity-building in countries around the world. The proposal for the EU's next budget (2021-2027) will…
Content type: Long Read
It is common ground that bulk collection of content would be a deprivation of the right to privacy. That is an inexcusable or unjustifiable step too far. Repeatedly the Government whether in litigation or legislating, has emphasised that they are not taking content in bulk. Content is the forbidden ground.
This has resulted in the Government seeking to explain, for example, what parts of an email would constitute content and meta data. Within the Investigatory Powers Act it has led to the…
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…
Content type: Long Read
Imagine that every time you want to attend a march, religious event, political meeting, protest, or public rally, you must share deeply personal information with police and intelligence agencies, even when they have no reason to suspect you of wrongdoing.
First, you need to go to the police to register; have your photo taken for a biometric database; share the contacts of your family, friends, and colleagues; disclose your finances, health records, lifestyle choices, relationship status, and…
Content type: Advocacy
This report is presented by Red en Defensa de los Derechos Digitales (R3D) and Privacy International (PI). La Red en Defensa de los Derechos Digitales (R3D) is a non-governmental, non-profit organisation located in Mexico, dedicated to the defence of human rights in the digital environment. Privacy International (PI) is a non-governmental, non-profit organisation located in London, focused on the defence, promotion and protection of the right to privacy around the world.
PI and R3D wish to…
Content type: Advocacy
Este informe de terceras partes interesadas es una contribución escrita presentada por Dejusticia, Fundación Karisma y Privacy International (PI). Dejusticia es una organización de derechos humanos colombiana que brinda conocimientos especializados sobre derechos humanos. Fundación Karisma es una organización de la sociedad civil colombiana que busca dar respuesta a las oportunidades y a las amenazas que surgen en el contexto de la tecnología para el desarrollo para el ejercicio de los derechos…
Content type: Advocacy
This stakeholder report is a submission by Dejusticia, Fundación Karisma and Privacy International (PI). Dejusticia is a Colombian human rights organization that provides expert knowledge on human rights. Fundación Karisma is a Colombian civil society organization that seeks to respond to the opportunities and threats that arise in the context of ‘technology for development’ for the exercise of human rights. PI is a human rights organisation that works to advance and promote the right to…
Content type: Press release
The Case
Privacy International v Secretary of State for Foreign and Commonwealth Affairs et al. (Bulk Personal Datasets & Bulk Communications Data challenge)
Date: 5-9 June 2017
Time: from 10:00 onwards
Location: Royal Courts of Justice, The Strand, London WC2A 2LL United Kingdom
Hearing overview
Next week’s hearing follows the Investigatory Powers Tribunal’s earlier judgment in October 2016, which ruled that three issues are to be determined:
…
Content type: Long Read
Privacy International is celebrating Data Privacy Week, where we’ll be talking about privacy and issues related to control, data protection, surveillance and identity. Join the conversation on Twitter using #dataprivacyweek.
Exercising the right to privacy extends to the ability of accessing and controlling our data and information, the way it is being handled, by whom, and for what purpose. This right is particularly important when it comes to control of how States perform these activities.…
Content type: Report
This report sheds light on the current state of affairs in data retention regulation across the EU post the Tele-2/Watson judgment. Privacy International has consulted with digital rights NGOs and industry from across the European Union to survey 21 national jurisdictions (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, France, Germany, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom).…
Content type: Long Read
European Court of Human Rights Intervention
On 15 September 2017, Privacy International filed an intervention to the European Court of Human Rights in Association Confraternelle de la Presse Judiciare and 11 Other Applications v. France. This case challenges various surveillance powers authorised under the French Intelligence Act of 24 July 2015 as incompatible with Articles 8 and 10 of the European Convention on Human Rights, which respectively protect the right to privacy…
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…
Content type: Long Read
Privacy International’s case on Bulk Personal Datasets and Bulk Communications Data comes to a head with a four-day hearing in the Investigatory Powers Tribunal which commenced on 26 July 2016.
The litigation has brought to light significant revelations about the use of section 94 of the 1984 Telecommunications Act to obtain bulk communications data.
Large amounts of disclosure have shed new light on this hitherto secret power and explained confusing aspects of the Government’s Response to…
Content type: Press release
Privacy International General Counsel Caroline Wilson Palow said
"Today's opinion issued by the Advocate General of the European Court of Justice (ECJ) is a serious blow to the UK's Investigatory Powers Bill (IPBill). It, hopefully, presages a strong judgment from the Court itself.
The bulk powers - what we would call mass surveillance powers - embedded throughout the IPBill go far beyond tackling serious crime. They would give a range of public bodies, not just the Police and…
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
This week the Mexican Supreme Court will issue its judgement on the country’s data retention. It will decide on an injunction against the provisions of the the Federal Telecommunications Act known as the ‘Ley Telecom’. The Act requires all telephone companies and internet service providers to retain user communications data for a period of 24 months.
Following the failure of the National Human Rights Commission (CNDH) and the Federal Institute for Access to Public Information and Data…
Content type: News & Analysis
Despite Wednesday's publication of the Investigatory Powers Bill being trailed as world leading legislation that would balance security and privacy, what the Government is actually seeking is a mandate for mass surveillance. This is a new Snoopers' Charter and we must oppose many of its most virulent elements.
The true debate on surveillance can now begin. After years of downplaying, obscuring, and denying the Snowden revelations, the Government has finally joined the conversation about the…
Content type: News & Analysis
“We always assume we are being watched. It is part of our understanding,” explained Father Alberto. The clergyman knows what it's like to live under surveillance. Father Alberto is Executive Secretary of the Inter-ecclesiastical Commission for Justice and Peace in Colombia, which supports displaced and conflict-affected communities in their struggle for justice. The CIJP also works in the restive Urabá region, where they document and litigate on the links between neo-paramilitary groups,…
Content type: News & Analysis
Every government seems to want to spy in Pakistan. The US' National Security Agency (NSA) tapped the fibre optic cables landing in Karachi, among others, and used 55 million phone records harvested from Pakistani telecommunications providers for an analysis exercise. The United Kingdom's Government Communications Headquarters (GCHQ) had a store of SIM keys from Mobilink and Telenor networks, two of the country's biggest providers.
But the Pakistani government, specifically the…
Content type: Press release
The ruling today from the European Court of Justice, invalidating the European Union’s 2006 Data Retention Directive policy, was strong and unequivocal: the right to privacy provides a fundamental barrier between the individual and powerful institutions, and laws allowing for indiscriminate, blanket retention on this scale are completely unacceptable.
As the Court states, it is not, and never was, proportionate to spy on the entire population of Europe. The types of data retained under this…