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Content type: News & Analysis
11th December 2015
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 that rule…
Content type: News & Analysis
2nd February 2018
The recent announcement by the Minister for Justice that serious and organised crime will receive legislative attention from the Government and the Oireachtas is most welcome. However, the stated means of achieving this are deeply concerning for the Irish public and larger digital economy. The statements indicate that the Government intends to follow the British model of surveillance where Irish companies can be compelled to betray their users. Why would any user engage with a service that…
Content type: Long Read
31st October 2016
This piece was written by Ashley Gorski, who is an attorney at the American Civil Liberties Union, and PI legal officer Scarlet Kim and originally appeared in The Guardian here.
In recent weeks, the Hollywood film about Edward Snowden and the movement to pardon the NSA whistleblower have renewed worldwide attention on the scope and substance of government surveillance programs. In the United States, however, the debate has often been a narrow one, focused on the rights of Americans under…
Content type: News & Analysis
21st May 2014
While the initial disclosures by Edward Snowden revealed how US authorities are conducting mass surveillance on the world's communications, further reporting by the Guardian newspaper uncovered that UK intelligence services were just as involved in this global spying apparatus. Faced with the prospect of further public scrutiny and accountability, the UK Government gave the Guardian newspaper an ultimatum: hand over the classified documents or destroy them.
The Guardian decided that having the…
Content type: Examples
19th March 2020
The coronavirus action plan announced on March 3, alongside many measures for managing the NHS in the crisis, will also allow the Investigatory Powers Commissioner to appoint judicial commissioners (JCs) on a temporary basis in the event that there are insufficient JCs available to operate the system under the Investigatory Powers Act 2016. The Home Secretary, at the request of the Investigatory Powers Commissioner, will also be allowed to vary the time allowed for urgent warrants to be…
Content type: Press release
1st November 2013
General Assembly Should Pass Strong Resolution on the Right to Privacy in the Digital Age
(New York, November 21, 2013) – The United Nations General Assembly should approve a new resolution and make clear that indiscriminate surveillance is never consistent with the right to privacy, five human rights organizations said in a November 21, 2013 letter to members of the United Nations General Assembly.
After heated negotiations, the draft resolution on digital privacy initiated by Brazil and …
Content type: Examples
UK: O2 shares aggregated location data with government to test compliance with distancing guidelines
21st March 2020
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
21st March 2020
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
30th October 2013
For the first time since the Snowden revelations exposed the vast reach and scope of Britain's surveillance and intelligence activities, Parliament will openly debate the need for greater oversight of the intelligence and security services.
In the five months since the first of the Snowden leaks offered an insight into the government's mass surveillance capabilities, the political discourse has been disappointingly devoid of any serious discussion of the fundamental issues raised about the…
Content type: Long Read
27th August 2014
Bad analogies about surveillance technology pervade newspaper reports, politicians’ speeches, and legal arguments. While it’s natural to want simple explanations to understand complex technology, it does us a disservice when governments, the media, or the courts mislead us through analogies that are inadequate. It is even worse if these analogies are used as a basis for policy change.
Privacy International’s legal challenge against GCHQ’s mass surveillance rests on the capability of the judges…
Content type: Long Read
21st April 2016
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 the…
Content type: News & Analysis
21st June 2018
In order to uphold the law and keep us safe, the police can seriously interfere with a range of fundamental human rights. And so transparency and public scrutiny of their actions are essential to protect against misconduct and abuse.
So why is the National Police Chiefs’ Council (NPCC) now permitted to operate in secret?
We all have the right to seek information from most public bodies – including the police – under the Freedom of Information Act (FOIA) 2000. When the law was first proposed…
Content type: Press release
11th February 2016
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 definition of 'data'…
Content type: News & Analysis
6th May 2016
“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 for being transparent and…
Content type: News & Analysis
25th November 2013
For nearly 30 years, the UK's wiretapping laws have been the subject of annual reports. Since 2002, they are available around the web (for now), but earlier than that, it is a rabbit warren of possible locations.
In practice, the reports are solely available from the Parliamentary Archives if and only if you are a member of an institution which has paid for access. Requesting a copy from elsewhere sends you to this destination.
The current Interception of Communications Commissioner didn't…
Content type: News & Analysis
26th November 2013
With the launch of the "Eyes Wide Open" project, Privacy International has put together a fact sheet about the secretive Five Eyes alliance. Consider this a guide to the secret surveillance alliance that has infiltrated every aspect of the modern global communications system.
Beginning in 1946, an alliance of five English-speaking countries (the US, the UK, Australia, Canada and New Zealand) developed a series of bilateral agreements over more than a decade that became known as the UKUSA…
Content type: News & Analysis
14th June 2012
The Home Office has been planning a grab for new communications surveillance powers since 2006; today, the Draft Communications Data Bill established in legislative language their ambitions.
Yes, as they will point out, it isn't their the full scope of their ambitions. In 2008, under Labour, they proposed the idea of a vast centralised database of the nation's communications data. In 2009 they abandoned the idea of a central database. Since then, a new government has been elected, consisting…
Content type: News & Analysis
5th December 2015
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
8th June 2016
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: News & Analysis
2nd July 2014
We have learnt a lot in the last year about the dirty games GCHQ and NSA are playing to infiltrate the networks, tools and technologies we all use to communicate. This includes forcing companies to handover their customers’ data under secret orders, and secretly tapping fibre optic cablesbetween the same companies’ data centers.
Not content with that, we know now GCHQ are targeting companies systems administrators, exploiting the routers and switches in their networks to spy on us all,…
Content type: News & Analysis
6th November 2015
With powers to snoop on our communications that are unprecedented anywhere in the world, it is essential the Investigatory Powers Bill doesn't let politicians decide who is spied on.
The bill, if it is passed, aims to give the police and intelligence agencies sweeping powers to scoop up our emails, phone calls and text messages; and access details about when, where and with whom we communicate; and even hack into our computers and smartphones. At Privacy International, we have many concerns…
Content type: News & Analysis
11th April 2012
In September last year, David Cameron told the UN general assembly: "As people in north Africa and the Middle East stand up and give voice to their hopes for more open and democratic societies, we have an opportunity – and I would say a responsibility – to help them." The Arab Spring uprisings had provided a chink of light for those living under repressive regimes, and it was now up to western democracies to help them throw open the door to a bright new future.
Yet over the past six months,…
Content type: Press release
16th May 2016
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 intelligence agencies…
Content type: News & Analysis
3rd June 2016
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
24th April 2012
On Thursday 19th April, Privacy International - in partnership with the LSE, the Foundation for Information Policy Research, Open Rights Group and Big Brother Watch - hosted Scrambling for Safety 2012, a discussion of the Home Office's new plans for mass interception in the UK. Around 200 people turned up (despite the sporadic but torrential rain!), and the number of insightful, well-informed questions from the audience proved to us that the Home Office is not going to get this one past the…
Content type: Press release
20th April 2016
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 private…
Content type: Report
23rd October 2017
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: Advocacy
1st December 2017
The powers set out in the Investigatory Powers Act are wide ranging, opaque and lacking in adequate safeguards. The Government have now published updated Draft Codes of Practice for certain parts of the Act. Unfortunately, the Codes do little to solve the Act’s problems. Instead, they add little transparency, occasionally expand powers, and undermine some of the limited safeguards in the Investigatory Powers Act. These Codes demand close scrutiny. The unusually short timeframe for the…
Content type: Press release
25th June 2016
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 UK including:…
Content type: Press release
19th July 2016
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 intelligence…