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Content type: Long Read
The fourth edition of PI’s Guide to International Law and Surveillance provides the most hard-hitting past and recent results on international human rights law that reinforce the core human rights principles and standards on surveillance. We hope that it will continue helping researchers, activists, journalists, policymakers, and anyone else working on these issues.The new edition includes, among others, entries on (extra)territorial jurisdiction in surveillance, surveillance of public…
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: Advocacy
BackgroundThe Snowden revelations and subsequent litigation have repeatedly identified unlawful state surveillance by UK agencies. In response, the UK Parliament passed the highly controversial Investigatory Powers Act 2016 (IPA), which authorised massive, suspicionless surveillance on a scale never seen before, with insufficient safeguards or independent oversight.Privacy International led legal challenges to this mass surveillance regime both before and after the Act became law. The Act…
Content type: Report
This policy paper seeks to determine the potential for the existing international private military and security companies (PMSC) regulatory framework to support more effective regulation of surveillance services provided by the private sector.In order to achieve this, and given that this paper addresses an issue that is at the intersection of two domains, it seeks to establish a common language and terminology between security sector governance and surveillance practitioners.In…
Content type: Advocacy
On 6th October 2023, we submitted our comments on the Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill (the Rica Bill), published in Government Gazette 49189, August 25th, 2023, in response to a call for comments issued by the Portfolio Committee on Justice and Correctional Services – a committee of the Parliament of South Africa responsible for overseeing responsible the Department of Justice and Constitutional Development.
In our…
Content type: Advocacy
We are responding to the UK Government's consultation to expand its powers around Technical Capabilities Notices and National Security Notices.
Background
Following Edward Snowden's revelations about the illegal and expansive secret powers of the US and UK intelligence agencies, the UK Government took the opportunity to, rather than reflect on what powers are proportionate in the modern era, to expand its arsenal of surveillance powers.
One of the powers it added was the ability to issue…
Content type: Report
This briefing takes a look at the private intelligence industry, a collection of private detectives, corporate intel firms, and PR agencies working for clients around the world that have made London their hub.
Often staffed by ex-spooks, and promising complete secrecy, little is known about them. But reports over the years have exposed their operations, including things like hacking and targeting of anti-corruption officials, spying on peaceful environment activists, and running fake '…
Content type: Video
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Content type: News & Analysis
As Amnesty International and Forbidden Stories continue to publish crucial information about the potential targets of NSO Group’s spyware, we know this much already: something needs to be done.
But what exactly needs to be done is less obvious. Even though this is not the first time that the world has learned about major abuses by the surveillance industry (indeed, it’s not even the first time this month), it’s difficult to know what needs to change.
So how can the proliferation and use of…
Content type: Explainer
An array of digital technologies are being deployed in the context of border enforcement. Satellite and aerial surveillance are part of the surveillance toolkit and yet, they are also used by organisations seeking to hold government actions to account and improve efficacy of their own work. To effectively critique state use and delve into potential benefits of satellite and aerial surveillance, we must first understand it.
In this explainer we dig into a technology which many are aware of for…
Content type: Report
Human rights defenders across the world have been facing increasing threats and harms as result of the use of digital and technological tools used by governments and companies which enable the surveillance, monitoring and tracking of individuals and communities. They are continuously at risk of violence, intimidation and surveillance as a direct consequence of the work they do. Such surveillance has been shown to lead to arbitrary detention, sometimes to torture and possibly to extrajudicial…
Content type: Video
**Language advisory: Gus does several swearwords this episode including one f-word at 9:45
From surveillance drones to cameras to wiretapping and more - the EU are providing technologies that will be used to crush political and civil freedoms and undermine democracy without urgent reforms
Find out more:
https://privacyinternational.org/long-read/4288/borders-without-borders-how-eu-exporting-surveillance-bid-outsource-its-border
https://privacyinternational.org/…
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: Long Read
There are few places in the world where an individual is as vulnerable as at the border of a foreign country.
As migration continues to be high on the social and political agenda, Western countries are increasingly adopting an approach that criminalises people at the border. Asylum seekers are often targeted with intrusive surveillance technologies and afforded only limited rights (including in relation to data protection), often having the effect of being treated as “guilty until proven…
Content type: Examples
While the agency that manages residence permits, the Coordination of Government Activities in the Territories, is closed, Israel has instructed Palestinians seeking to verify whether their permits to remain in Israel are still valid to download the app Al Munasiq, which grants the military access to their cellphone data. The app would allow the army to track the Palestinians' cellphone location, as well as access their notifications, downloaded and saved files, and the device's camera. …
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: 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 write a smartphone app which uses Bluetooth technology, and encourage (or mandate) that individuals download and use the app. We have seen such examples in Singapore and emerging plans in the UK.
Apps that use Bluetooth are just one way to track location. There are several different technologies in a smartphone…
Content type: Examples
Together with Norwegian company Simula the Norwegian Institute of Public Health is developping a voluntary app to track users geolocation and slow the spread of Covid-19. Running in the background, the app will collect GPS and Bluetooth location data and store them on a server for 30 days. If a user is diagnosed with the virus, its location data can be user to trace all the phones that have been in close contact with the person. Authorities will use this data to send an SMS only to those phones…
Content type: Examples
UK: O2 shares aggregated location data with government to test compliance with distancing guidelines
Mobile network operator O2 is providing aggregated data to the UK government to analyse anonymous smartphone location data in order to show people are following the country's social distancing guidelines, particularly in London, which to date accounts for about 40% of the UK's confirmed cases and 30% of deaths. The project is not designed to monitor individuals. Lessons from the impact on London of travel restrictions could then be applied in the rest of the country. The government says it has…
Content type: Examples
BT, owner of UK mobile operator EE, is in talks with the government about using its phone location and usage data to monitor whether coronavirus limitation measures such as asking the public to stay at home are working. The information EE supplies would be delayed by 12 to 24 hours, and would provide the ability to create movement maps that show patterns. The data could also feed into health services' decisions, and make it possible to send health alerts to the public in specific locations.…
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: Case Study
On 3 December 2015, four masked men in plainclothes arrested Isnina Musa Sheikh in broad daylight (at around 1 p.m.) as she served customers at her food kiosk in Mandera town, in the North East of Kenya, Human Rights Watch reported. The men didn’t identify themselves but they were carrying pistols and M16 assault rifles, commonly used by Kenyan defence forces and the cars that took her away had their insignia on the doors. Isnina’s body was discovered three days later in a shallow grave about…
Content type: Case Study
The prohibition against torture is absolute. There are no exceptional circumstances whatsoever which can be used to justify torture.
And yet, torture is still being carried out by state officials around the world, driven by states’ ability to surveil dissidents, and intercept their communications.
In 2007, French technology firm Amesys (a subsidiary of Bull) supplied sophisticated communications surveillance systems to the Libyan intelligence services. The systems allegedly permitted the…
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…