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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: 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: Report
End-to-end encryption (E2EE) contributes significantly to security and privacy. For that reason, PI has long been in favour of the deployment of robust E2EE.
Encryption is a way of securing digital communications using mathematical algorithms that protect the content of a communication while in transmission or storage. It has become essential to our modern digital communications, from personal emails to bank transactions. End-to-end encryption is a form of encryption that is even more private…
Content type: Advocacy
Despite repeated recommendations by the UN Human Rights Council and the UN General Assembly to review, amend or enact national laws to ensure respect and protection of the right to privacy, national laws are often inadequate and do not regulate, limit or prohibit surveillance powers of government agencies as well as data exploitative practices of companies.
Even when laws are in place, they are seldom enforced. In fact PI notes how it is often only following legal challenges in national or…
Content type: Explainer
Following sustained reporting by researchers, journalists and activists around the world, including recent disclosures exposed by the PegasusProject, the surveillance industry is facing scrutiny like never before.
In the latest move, eighteen U.S. lawmakers have today demanded that the U.S. government imposes sanctions on four non-US surveillance companies for, as they mention in their letter, facilitating “disappearance, torture and murder of human rights activists and journalists”.
The move…
Content type: Examples
The 20 years since the 9/11 attacks have fundamentally changed the way the New York Police Department operates, leading it to use facial recognition software, licence plate readers, and mobile X-ray vans, among other surveillance tools for both detecting and blocking potential terrorist attacks and solving minor crimes. Surveillance drones monitor mass protests, antiterrorism officers interrogate protesters, and the NYPD’s Intelligence Division uses antiterror tactics against gang violence and…
Content type: Examples
The Myanmar military are stopping people in the street, checking through the data on their phones, and taking them to jail if they find suspicious messages or photos. At least 5,100 people were still in jail many months after opposing the February 1, 2021 military takeover. The spontaneous searches also deter individuals from continuing to post on social media or lead them to create new accounts they hope will evade detection, and avoid crowded streets where police or soldiers are likely to be…
Content type: News & Analysis
After almost 20 years of presence of the Allied Forces in Afghanistan, the United States and the Taliban signed an agreement in February 2020 on the withdrawal of international forces from Afghanistan by May 2021. A few weeks before the final US troops were due to leave Afghanistan, the Taliban had already taken control of various main cities. They took over the capital, Kabul, on 15 August 2021, and on the same day the President of Afghanistan left the country.
As seen before with regime…
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: Long Read
Case: Privacy International v Secretary of State for Foreign and Commonwealth Affairs and others
Last update: December 2022
Summary
The UK Security and Intelligence Agencies (SIAs) – including Government Communications Headquarters (GCHQ), Security Service and Secret Intelligence Service – have been building massive comprehensive datasets of information on each and every individual. They have been collecting and combining information from multiple sources on unclear legal bases and with minimal…
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: Examples
In 2019, interviews with Hong Kong protesters destroying smart lampposts revealed that many distrusted the government's claim that they would only take air quality measurements and help with traffic control, largely because of the comprehensive surveillance net the Chinese government was using to control and oppress the minority Uighur population in the Xinjiang region. As part of their response to this threat, the protesters wore masks, carried umbrellas, and travelled on foot, using online…
Content type: Examples
A British freedom of information tribunal ruled that for national security reasons police in England and Wales may refuse to say whether they are using Stingrays, also known as IMSI-catchers, which are capable of tracking thousands of mobile phones and intercepting their calls, text messages, and other data. In 2016, the Bristol Cable found that police forces had bought hundreds of thousands of these devices disguised in public spending data by the acronym CCDC. Privacy International, which…
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: Explainer
What is social media monitoring?
Social media monitoring refers to the monitoring, gathering and analysis of information shared on social media platforms, such as Facebook, Twitter, Instagram and Reddit.
It may include snooping on content posted to public or private groups or pages. It may also involve “scraping” – grabbing all the data from a social media platform, including content you post and data about your behaviour (such as what you like and share).
Through scraping and other tools…
Content type: Explainer
What is an IMSI catcher?
‘IMSI’ stands for ‘international mobile subscriber identity’, a number unique to your SIM card. IMSI catchers are also known as ‘Stingrays’.
An ‘IMSI catcher’ is a device that locates and then tracks all mobile phones that are connected to a phone network in its vicinity, by ‘catching’ the unique IMSI number.
It does this by pretending to be a mobile phone tower, tricking mobile phones nearby to connect to it, enabling it to then intercept the data from that phone…
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: 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: News & Analysis
Traduction réalisée par Nadine Blum.
Le 29 mai, le Congrès nigérien a voté une loi permettant au gouvernement d’intercepter largement certaines communications électroniques. La loi rend légale l’interception de communications, autorisée par le gouvernement, sans protections appropriées ni mécanismes de contrôle.
La loi a été adoptée avec 104 votes pour – le Parlement nigérien compte 171 membres – et sans la participation de l’opposition qui a boycotté la loi. L’opposition a affirmé…
Content type: News & Analysis
On 29 May, Niger’s Congress voted on a law allowing for broad interception powers of certain electronic communications by the government. The bill makes it lawful for the government to approve the interception of communications without appropriate safeguards or oversight mechanisms.
The law passed with 104 votes – the Nigerien parliament has 171 members – without the participation of the opposition that boycotted the law. The opposition claimed that
the law will allow those, for…
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
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: 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
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: Report
“...a mobile device is now a huge repository of sensitive data, which could provide a wealth of information about its owner. This has in turn led to the evolution of mobile device forensics, a branch of digital forensics, which deals with retrieving data from a mobile device.”
The situation in Scotland regarding the use of mobile phone extraction has come a long way since the secret trials were exposed. The inquiry by the Justice Sub-Committee, commenced on 10 May 2018, has brought much…
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: Advocacy
Este informe es presentado por Derechos Digitales, Ciudadano Inteligente, Fundación ProAcceso y Privacy International. Derechos Digitales es una organización no gubernamental de defensa, promoción y desarrollo de los derechos humanos en el entorno digital. Ciudadano Inteligente es una organización dedicada a fortalecer la democracia y reducir la desigualdad a través de la transparencia y la participación ciudadana. Fundación ProAcceso se dedica a la defensa del derecho de acceso a la…
Content type: News & Analysis
This post was written by William Marks, a former volunteer at Privacy International.
The right to privacy is central to the protection of human dignity, and supports and reinforces other rights, such as the right to freedom of expression and association. Privacy International, supported by the International Human Rights Clinic at Harvard Law School, recently submitted a joint stakeholder report to the United Nations Human Rights Council regarding New Zealand’s protection of the right to…