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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: Press release
Today, the UK High Court has quashed a decision by the Investigatory Powers Tribunal (IPT), and ruled that section 5 of the Intelligence Services Act (ISA) 1994 does not permit the issuing of general warrants to authorise property interference and certain forms of computer hacking.
The Court referred to cases dating back to the 18th century, which demonstrate the common law’s insistence that the Government cannot search private premises without lawful authority even in the context of national…
Content type: Press release
The case stems from a 2016 decision by the Investigatory Powers Tribunal (IPT), the UK tribunal tasked with examining complaints against the UK intelligence services, that the UK government could lawfully use sweeping ‘thematic warrants’ to engage in computer hacking of thousands or even millions of devices, without any approval by a judge or individualised reasonable grounds for suspicion. Thematic warrants are general warrants covering an entire class of property, persons or conduct, such as…
Content type: News & Analysis
It's a big question, have you purchased a card for your local surveillance camera on Surveillance Camera Day?
Yes, Surveillance Camera Day is a real thing and happens on 20 June.
Perhaps your local community could create a bingo card to see who knows where all the local cameras are. Are there any on your local bins, how about the lampposts or a billboard?
Have you had a facial recognition van in your local community? Did you see the police helicopter crew video camera…
Content type: News & Analysis
One of the UK’s largest telecommunications operators, BT, has said to Privacy International that a report claiming it “co-produces malware” with a surveillance company for the GCHQ is inaccurate – but hasn’t said why or given any more details.
The accusation was made by C5IS – a shadowy online publication claiming to be “the most widely read source of information on surveillance technologies”. In its Big Black Book of Electronic Surveillance, it claims that SS8, a…
Content type: News & Analysis
Privacy International has joined a global coalition of privacy campaigners, tech companies, and technology experts to respond to proposals by British intelligence chiefs aimed at allowing them access to encrypted messaging apps such as WhatsApp or Signal.
If implemented, the proposals would allow government authorities to force messaging platforms to silently add a law enforcement participant to a group chat or call.
Such a capability poses serious threats to…
Content type: Long Read
Details of case:
R (on the application of Privacy International) (Appellant) v Investigatory Powers Tribunal and others (Respondents)
[2019] UKSC 22
15 May 2019
The judgment
What two questions was the Supreme Court asked to answer?
Whether section 67(8) of RIPA 2000 “ousts” the supervisory jurisdiction of the High Court to quash a judgment of the Investigatory Powers Tribunal for error of law?
Whether, and, if so, in accordance with what principles, Parliament may by…
Content type: Press release
Today, after a five year battle with the UK government, Privacy International has won at the UK Supreme Court. The UK Supreme Court has ruled that the Investigatory Powers Tribunal’s (IPT) decisions are subject to judicial review in the High Court. The Supreme Court's judgment is a major endorsement and affirmation of the rule of law in the UK. The decision guarantees that when the IPT gets the law wrong, its mistakes can be corrected.Key point:UK Supreme Court rules that the UK spying tribunal…
Content type: News & Analysis
Privacy International welcomes WhatsApp's immediate reaction after the revelation that Israeli cyber intelligence company NSO group had exploited a vulnerability in their software. We encourage all WhatsApp users to update their app as soon as possible. However, we believe WhatsApp needs to be much more transparent with their users. We haven't seen a notification on the app itself that would inform users about both, the bug, and the fix. The current version merely states that you can now see…
Content type: Long Read
As our four year battle against the UK government’s extraordinarily broad and intrusive hacking powers goes to the Supreme Court, we are launching a new fundraising appeal in partnership with CrowdJustice.
We are seeking to raise £5k towards our costs and need your help. If we lose, the court may order us to pay for the government’s very expensive army of lawyers. Any donation you make, large or small, will help us both pursue this important case and protect the future ability of…
Content type: Press release
In a remarkable development in Privacy International's four year legal battle against the UK Government's powers to hack phones and computers on a massive scale, the UK Supreme Court has agreed to hear the London-based charity's case in December 2018.
Privacy International's case stems from a decision by the Investigatory Powers Tribunal (a specialised court set up to hear complaints against government surveillance, including surveillance carried out by the UK intelligence agencies) finding…
Content type: Press release
Privacy International and Open Rights Group have submitted a response to the Consultation on establishing a UK Privacy and Civil Liberties Board.
Content type: Advocacy
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…
Content type: Press release
On 5 October 2017, Privacy International will appear before the UK Court of Appeal to continue its challenge to the British government's large scale hacking powers. The case questions the decision by the Investigatory Powers Tribunal (IPT) to sanction the UK government's power to hack broad categories of people or property without any individualised suspicion.
TIMELINE AND KEY POINTS
- Privacy International began fighting bulk government hacking in 2014 at the…
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: Long Read
Introduction
A growing number of governments around the world are embracing hacking to facilitate their surveillance activities. Yet hacking presents unique and grave threats to our privacy and security. It is far more intrusive than any other surveillance technique, capable of accessing information sufficient to build a detailed profile of a person, as well as altering or deleting that information. At the same time, hacking not only undermines the security of targeted systems, but also has…
Content type: Press release
Caroline Wilson Palow, General Counsel at Privacy International
“The passage of the Investigatory Powers Act is a major blow to the privacy of people in the UK and all over the world. It sets a world-leading precedent, but not one of which the Government should be proud. Instead of reining in the unregulated mass surveillance practices that have for years been conducted in secret and with questionable legal authority, the IPA now enshrines them in law. Widespread surveillance is an antithesis…
Content type: Long Read
This piece originally appeared here.
On both sides of the Atlantic, we are witnessing the dramatic expansion of government hacking powers. In the United States, a proposed amendment to Rule 41 of the Federal Rules of Criminal Procedure would permit the government to obtain a warrant, in certain circumstances, to hack unspecified numbers of electronic devices anywhere in the world. Meanwhile, across the pond, the British Parliament is currently debating the Investigatory…
Content type: News & Analysis
Last month, the UK Information Commissioner's Office announced a “private investigator crackdown”, citing concerns that private investigators were using hacking techniques to gain access to personal information.
The use of dodgy private investigators and illegal hacking by private investigators in the UK has attracted significant media attention in the wake of the phone hacking scandals, which involved the use of such private investigators by major newspapers.
The sector isn't…
Content type: Press release
Privacy International, the leading global privacy rights NGO, has today filed a Judicial Review at the UK High Court, challenging the Investigatory Powers Tribunal's (IPT) decision that the Government can issue general hacking warrants. This decision means that British intelligence agency GCHQ can continue to hack into the computers and phones of broad classes of people - including those residing in the UK. The Investigatory Powers Bill, currently being debated in Parliament, seeks to…
Content type: Press release
In response to the Investigatory Powers Tribunal (IPT) ruling today that GCHQ's hacking is lawful, we have issued the following press statement:
"We are disappointed by the IPT’s judgment today, which has found Government hacking lawful based on a broad interpretation of a law dating back to 1994, when the internet and mobile phone technology were in their infancy.
Until we brought this case, GCHQ would neither confirm nor deny that it was they were engaging in mass hacking of…
Content type: Long Read
The Investigatory Powers Tribunal (“IPT”) today held that GCHQ hacking of computers, mobile devices and networks is lawful, wherever it occurs around the world. We are disappointed that the IPT has not upheld our complaint and we will be challenging its findings.
Our complaint is the first UK legal challenge to state-sponsored hacking, an exceptionally intrusive form of surveillance. We contended that GCHQ hacking operations were incompatible with democratic principles and human rights…
Content type: Press release
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…
Content type: Press release
Documents released today confirm GCHQ, the UK intelligence agency, is hacking computers in the United Kingdom without individual warrants. The documents contain previously unknown details and defenses of GCHQ's use of "thematic warrants" to hack. The legal challenge in which these documents are being disclosed was brought by Privacy International and seven internet and communications service providers from around the world in response to disclosures made by Edward Snowden.…
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: Advocacy
On 20 March 2015, Privacy International and Open Rights Group submitted comments on the UK Government's draft Equipment Interference Code of Practice.
The UK has been hacking for over a decade, yet the release of the draft Code of Practice is the first time the UK intelligence services have sought public authorisation for their activities. Indeed, it is the first time the intelligence services have publicly acknowledged they engage in hacking.
Unfortunately, the draft Code of…
Content type: Press release
The British Government has admitted its intelligence services have the broad power to hack into personal phones, computers, and communications networks, and claims they are legally justified to hack anyone, anywhere in the world, even if the target is not a threat to national security nor suspected of any crime.
These startling admissions come from a government court document published today by Privacy International. The document was filed by the government in response to two …
Content type: News & Analysis
The following piece by Privacy International Legal Officer Adriana Edmeades appeared in openDemocracy:
In 2012, Citizen Lab, a think-tank operating out of the Munk School of Global Affairs at the University of Toronto, came across evidence suggesting that Gamma International, a multinational technology corporation with offices across the world, sold a form of malware called FinFisher to Bahrain. Bahraini activists, amongst others, were seriously concerned: FinFisher gives its operator complete…
Content type: News & Analysis
Jaafar Al Hasabi, Mohammed Moosa Abd-Ali Ali, and Saeed Al-Shehabi each fled Bahrain for the United Kingdom with one goal: to be safe.
These men, activists in the pro-democracy movement in Bahrain, were variously subject to torture, arbitrary detention, harassment, and psychological trauma in their home country. They thought coming to the UK, and living in exile, would at least mean they would be outside the reach of the Bahraini government.
Despite the nearly 4,000 miles between their homes…
Content type: News & Analysis
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…