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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: Press release
By treating everyone as a suspect, the bulk data collection or retention regimes engage European fundamental rights to privacy, data protection, freedom of expression, as guaranteed respectively by Articles 7, 8, and 11 of the EU Charter of Fundamental Rights.
Caroline Wilson Palow, Legal Director of Privacy International, said:
"Today’s judgment reinforces the rule of law in the EU. In these turbulent times, it serves as a reminder that no government should be above the law. Democratic…
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: Long Read
Miguel Morachimo, Executive Director of Hiperderecho. Hiperderecho is a non-profit Peruvian organisation dedicated to facilitating public understanding and promoting respect for rights and freedoms in digital environments.
The original version of this article was published in Spanish on Hiperderecho's website.
Where does our feeling of insecurity come from? As we walk around our cities, we are being observed by security cameras most of the time. Our daily movement, call logs, and internet…
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
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: 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: 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: News & Analysis
On a hot day in Nairobi, our researcher is speaking to an officer of Kenya’s National Intelligence Service (NIS). The afternoon is wearing on and the conversation has turned to the presidential elections, taking place in August this year. He has just finished describing the NIS’ highly secret surveillance powers and the disturbing ways in which these powers are deployed.
“It is what you might call ‘acceptable deaths,’” he states about the misuse of communications surveillance powers. “People…
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
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…
Content type: News & Analysis
This post originally appeared on the blog for Association for Progessive Communications, written by Shawna Finnegan and Carly Nyst, for APCNews and Privacy International:
At the 23rd session of the UN Human Rights Council, the UN Special Rapporteur on freedom of opinion and expression, Frank La Rue, released his latest report – an analysis of the implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression.…
Content type: News & Analysis
Mass surveillance affects us all
The draft Communications Data Bill - known as the 'Snoopers' Charter' - will dramatically expand police surveillance powers if it is voted into law. Innocent citizens would have all their communications and online activity monitored, all of the time. The government would store information about who we're texting, what we're searching for on Google and who we're friends with on Facebook. Police and HM Revenue and Customs officers would be able to access this…