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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: Long Read
In the UK, successive government ministers and members of parliament have made emotive proclamations about the malaise of "public sector fraud".
This year, former Work and Pensions Secretary Therese Coffey said that the welfare system "is not a cash machine for callous criminals and it’s vital that the government ensures money is well spent...[and] fraud is an ever-present threat."
In 2013, the UK's minister for the disabled made numerous claims that there were "vast numbers of bogus disabled […
Content type: Report
Privacy International’s submissions for the Independent Chief Inspector of Borders and Immigration inspection of the Home Office Satellite Tracking Service Programme
The Home Office have introduced 24/7 electronic monitoring and collection of the location data of migrants via GPS ankle tags. This seismic change cannot be overstated. The use of GPS tags and intention to use location data, kept for six years after the tag is removed, in immigration decision-making goes far beyond the mere…
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: Advocacy
A new Privacy International report based on an international collaborative investigation carried out by 40 NGOs in 42 countries has found alarming weaknesses in the oversight arrangements that are supposed to govern the sharing of intelligence between state intelligence agencies, including in the UK. Privacy International urges governments to enact urgent reforms and improve public understanding about the scope of intelligence sharing and the safeguards and oversight currently in place.
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: News & Analysis
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…
Content type: News & Analysis
The elections in our midst here, there, and everywhere are increasingly resulting in governments who introduce policies that result in leaps backwards for dignity, equality, civil liberties, and the rule of law. Whether it is Poland or the Philippines, governments are overriding essential safeguards.
This week Britain’s proposed surveillance legislation took another step toward normalising mass surveillance. The United States of America has long promoted mass surveillance and maintains its…
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: Press release
Please find attached a copy of the briefing along with promotional photographs with the briefing.
Privacy International has today sent top EU and UK Brexit negotiators* a briefing on their vulnerability to potential surveillance by each other, and others. Brexit negotiations are to begin today.
The global privacy rights NGO has highlighted to the negotiators the risk of sophisticated surveillance capabilities being deployed against each other and by others, and provided…
Content type: News & Analysis
Brexit and Privacy
It's as clear as mud, what it means when a country decides to willingly pull out of a trading bloc, a policy coordination mechanism, a relatively democratic network, and a framework for the free flow of people, data, and rights. Meanwhile today the minister in charge of surveillance for the past six years will assume the leadership of the country.
There is much speculation as to what is next. Here's our take. Importantly, there's a lot to be worried about, some to like…
Content type: Press release
For further information please contact PI Legal Officer Millie Graham Wood: [email protected]
For media enquiries please contact [email protected]
Documents obtained by Privacy International reveal the existence of a secret oversight function given to the Intelligence Services Commissioner (ISC), in operation since at least 2014. The details of this function, referred to as the ‘third direction’, remain redacted and only came to light following…
Content type: Long Read
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…
Content type: Long Read
This week, Privacy International, together with nine other international human rights NGOs, filed submissions with the European Court of Human Rights. Our case challenges the UK government’s bulk interception of internet traffic transiting fiber optic cables landing in the UK and its access to information similarly intercepted in bulk by the US government, which were revealed by the Snowden disclosures. To accompany our filing, we have produced two infographics to illustrate the…
Content type: Press release
Today, Privacy International, together with five internet and communications providers from around the world, have lodged an application before the European Court of Human Rights to challenge the British Government's use of bulk hacking abroad. Until we brought our original case at the Investigatory Powers Tribunal (IPT) in 2014, the Government had never admitted that it engaged in hacking. Now we are learning for the first time how far-reaching the Government's global hacking capabilities are…
Content type: News & Analysis
Privacy International is today proud to release the Surveillance Industry Index (SII), the world's largest publicly available educational resource of data and documents of its kind on the surveillance industry, and an accompanying report charting the growth of the industry and its current reach.
The SII, which is based on data collected by journalists, activists, and researchers across the world is the product of months of collaboration between Transparency Toolkit and Privacy…
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
Today Sir Stanley Burnton, the Interception of Communications Commissioner, published a highly critical review of the use of Section 94 of the Telecommunications Act 1984 for gathering vast amounts of our communications data in bulk. This obscure clause pre-dates the internet era, but has been used for nearly two decades for mass surveillance. Today is the first time that these powers have been criticised by an independent statutory body. IOCCO is critical of the Government's use of these…
Content type: Press release
Judges of the Investigatory Powers Tribunal visited MI5 in 2007 for a secret briefing. None of the judges hearing the case this week attended the briefing.
At the briefing, MI5 persuaded the judges that MI5 did not usually have to disclose its data holdings in “Bulk Personal Datasets” to the Tribunal. These are highly intrusive datasets that have details of a vast number of people's location, internet use, financial information and telephone records.
This meant that, as complaints were…
Content type: Press release
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…
Content type: Press release
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: Press release
Privacy International releases previously confidential correspondence between lawyers for MI5 and GCHQ and the former Interception of Communications Commissioner, highlighting problems with the relationship between the two bodies
The correspondences show a lack of meaningful oversight and restraint of UK surveillance agencies
Ahead of the vital commons vote on the Investigatory Powers Bill, we need to create a system that guarantees better oversight of surveillance powers…
Content type: Press release
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…
Content type: News & Analysis
This letter originally appeared here.
Dear Home Secretary
You are fortunate that the SNP and Labour Party courageously abstained from the vote on the Investigatory Powers Bill, content with government assurances that mass surveillance of British citizens is not government policy. Mass surveillance is not, and could never be, government policy. Merely government practice.
I congratulate you on your much-quoted claim that the Investigatory Powers Bill will contain a “world-leading…
Content type: News & Analysis
“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…
Content type: Long Read
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…
Content type: News & Analysis
The problems with thematic warrants and why they should be removed from the UK Government’s Investigatory Powers Bill
We currently have the rare opportunity to scrutinise and debate the powers that law enforcement, the security and intelligence agencies and public bodies should have to interfere with our private communications, our devices and our digital lives. These powers are being enshrined and expanded upon in the draft Investigatory Powers Bill (IP Bill), currently under scrutiny by the…
Content type: News & Analysis
In 2015 the United Nations' human rights mechanisms significantly increased their capacity to monitor and assess states' compliance with their obligations around the right to privacy. Notably, the Human Rights Council established the mandate of the Special Rapporteur on the right to privacy, filling a significant gap in the international human rights protection system. Meanwhile, the Human Rights Committee put surveillance laws and practices in a range of countries under close scrutiny, making…
Content type: News & Analysis
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…
Content type: News & Analysis
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…