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Content type: Advocacy
On 18 October 2023, the Inter-American Court of Human Rights (IACtHR or Court) issued a historic judgment declaring the Republic of Colombia internationally responsible for human rights violations against several members of the human rights non-profit Colectivo de Abogados y Abogadas José Alvear Restrepo (CAJAR)and their relatives. This groundbreaking decision marks the first acknowledgment within the inter-American context of a state’s international responsibility for violating the right to…
Content type: Advocacy
Privacy International joined civil society efforts to call the South African Parliament not to approve the draft General Intelligence Laws Amendment Bill 2023 (GILAB), which was approved by the Cabinet and introduced in Parliament.
The Bill was proposed by the South African government, after the Constitutional Court found the Regulation of Interception of Communications Act of 2002 (RICA) unconstitutional on multiple grounds.
The draft Bill fails to meet the human rights standards on many…
Content type: Long Read
The same day that the United Nations General Assembly convened an emergency special session to respond to Russia’s full-scale invasion of Ukraine in early March, a very different set of negotiations was underway in another U.N. conference room. More than two years after its establishment, the Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communication Technologies for Criminal Purposes (hereinafter the Ad Hoc Committee) held its…
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: Long Read
Additionally, in January 2020 Privacy International and UK-based NGO Liberty filed a new claim against MI5 and the Secretary of State for the Home Department in the Investigatory Powers Tribunal (the “Ungoverned Spaces Case”, this time, the case sought to hold MI5 and the SSHD accountable for systemic, long-term failures in the way they handle and retain millions of people’s personal data. As part of this claim, PI requested that the IPT re-opens parts of the original BPD/BCD. This aspect of…
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: Long Read
On 25 May 2021, the European Court of Human Rights issued its judgment in Big Brother Watch & Others v. the UK. Below, we answer some of the main questions relating to the case.
After our initial reaction, below we answer some of the main questions relating to the case.
NOTE: This post reflects our initial reaction to the judgment and may be updated.
What’s the ruling all about?
In a nutshell, one of the world’s most important courts, the Grand Chamber of the European Court of Human…
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
“Border Externalisation”, the transfer of border controls to foreign countries, has in the last few years become the main instrument through which the European Union seeks to stop migratory flows to Europe. Similar to the strategy being implemented under Trump’s administration, it relies on utilising modern technology, training, and equipping authorities in third countries to export the border far beyond its shores.
It is enabled by the adoption…
Content type: News & Analysis
Picture Credit: US AID
US President Trump has been cutting aid to Central America, including a surprise cut of approximately $500m in aid to the “Northern Triangle” countries of El Salvador, Guatemala, and Honduras, apparently as punishment for “doing absolutely nothing” to prevent emigration to the US.
What remains of the funds is largely and deliberately being repurposed for spending on the US’s own security interests: indeed, one area which his…
Content type: News & Analysis
Foto: US AID
El presidente estadounidense Trump ha estado recortando la ayuda a Centroamérica, incluyendo un recorte sorpresivo de aproximadamente 500 millones de dólares a los países del “Triángulo del Norte” (El Salvador, Guatemala y Honduras), al parecer como castigo por “no haber hecho absolutamente nada” para impedir la emigración hacia los Estados Unidos.
Los fondos restantes están siendo reorientados,en su gran mayoría y deliberadamente, al gasto para…
Content type: Long Read
Imagine that every time you want to attend a march, religious event, political meeting, protest, or public rally, you must share deeply personal information with police and intelligence agencies, even when they have no reason to suspect you of wrongdoing.
First, you need to go to the police to register; have your photo taken for a biometric database; share the contacts of your family, friends, and colleagues; disclose your finances, health records, lifestyle choices, relationship status, and…
Content type: News & Analysis
Data sharing among states is gaining prominence, particularly in light of the need to coordinate counter-terrorism activities across borders. The President of the European Commission put it in stark terms just a couple of months ago: “Terrorists know no borders. We cannot allow ourselves to become unwitting accomplices because of our inability to cooperate.” And several UN Security Council resolutions have emphasized the need for international cooperation in counter-terrorism.
Privacy…
Content type: Long Read
Privacy International’s new report shows how countries with powerful security agencies are training, equipping, and directly financing foreign surveillance agencies. Driven by advances in technology, increased surveillance is both powered by and empowering rising authoritarianism globally, as well as attacks on democracy, peoples’ rights, and the rule of law.To ensure that surveillance powers used by governments are used to protect rather than endanger people, it is essential that the public,…
Content type: Long Read
A major new report published today by Privacy International has identified alarming weaknesses in the oversight arrangements that are supposed to govern the sharing of intelligence between state intelligence agencies.
'Secret Global Surveillance Networks: Intelligence Sharing Between Governments and the Need for Safeguards' is based on an international collaborative investigation carried out by 40 NGOs in 42 countries.
Previously undisclosed documents obtained by PI via litigation in the…
Content type: News & Analysis
For further information on timeline and case history, read this briefing.
Arguments
The argument were based on the written submissions of the parties. The oral statements summarised key points in these submissions.
The submissions can be found on PI’s website under Legal Action. In terms of today’s proceedings (these are now available through webcast)
Counsel for the UK Government, James Eadie QC started off proceedings, his opening arguments were: 1) The issues are of…
Content type: Press release
The European Court of Human Rights will hear a landmark case on surveillance tomorrow (7 November) as part of a challenge to the lawfulness of the UK’s surveillance laws and its intelligence agencies’ mass surveillance practices.
See the attached briefing for case background and historical information.
The case, described by campaigners as a “watershed moment for people’s privacy and freedom of expression across the world”, is being brought by Amnesty International, Liberty, Privacy…
Content type: Press release
Privacy International has filed a federal lawsuit seeking to compel disclosure of records relating to a 1946 surveillance agreement between the US, UK, Australia, Canada and New Zealand, known as the “Five Eyes alliance”.* We are represented by Yale Law School’s Media Freedom and Information Access Clinic (MFIA). The most recent publicly available version of the Five Eyes surveillance agreement dates from 1955. Our complaint was filed before the U.S. District Court for the District of Columbia…
Content type: Press release
Privacy International, in partnership with 30+ national human rights organisations, has today written to national intelligence oversight bodies in over 40 countries seeking information on the intelligence sharing activities of their governments.
Countries may use secret intelligence sharing arrangements to circumvent international and domestic rules on direct surveillance. These arrangements can also lead to the exchange of information that can facilitate human rights abuses,…
Content type: Advocacy
On 13 September 2017, Privacy International, in partnership with 30+ national human rights organisations, launched an international campaign for greater transparency around secretive intelligence sharing activities between governments. As part of this campaign, PI wrote to national intelligence oversight bodies in over 40 countries seeking information about the intelligence sharing activities of their governments. PI has created an interactive map which illustrates the countries…
Content type: Long Read
6 July 2017
Full briefing: UK-US Intelligence Sharing Arrangements
Urgent transparency is needed regarding the UK’s intelligence sharing arrangements with the United States, which allows UK and US agencies to share, by default, any raw intelligence and methods and techniques related to the acquisition of such intelligence. In a recent YouGov poll, three quarters of Britons said that they want the UK Government to tell the public what safeguards govern these arrangements. Privacy…
Content type: Press release
Privacy International has today written to government ministers, members of the opposition, and oversight bodies reaffirming its call for the UK government to reveal secret intelligence sharing arrangements with the United States.
The original UKUSA agreement — drafted shortly after World War II — allows UK and US agencies to share, by default, any raw intelligence, collection equipment, decryption techniques, and translated documents.
Current arrangements also allow US…
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: News & Analysis
Remember when the world didn't know what Prism was? Those were the days. While privacy advocates, civil libertarians, and technologists had suspected or posited the existence of an extensive surveillance regime operated by the U.S. government, few knew the details and the extent of the operation.
Undoubtedly, we know more now than we did a week ago about the National Security Agency's covert operations and how the agency routinely spies on nearly anyone in the world. The public, many…
Content type: News & Analysis
According to Snowden documents analysed by Privacy International, the Australian Signals Directorate had access to and used PRISM, a secret US National Security Agency program which provides access to user data held by Google, Facebook and Microsoft.
This is the third spy agency of the 'Five Eyes' alliance confirmed to have had secret access to Silicon Valley company data - an alliance whose rules and policies remain classified. Earlier this year, a British court ruled that GCHQ access to…
Content type: Press release
Human Rights Watch and three individuals have today lodged a legal challenge to establish whether their communications were part of those unlawfully shared between the US National Security Agency (NSA) and UK Government Communications Headquarters (GCHQ).
Despite billions of records being shared every day between the NSA and GCHQ, and that historical sharing having been declared unlawful [PDF], the Investigatory Powers Tribunal (IPT) has not yet confirmed to any claimant that their…
Content type: Long Read
Few revelations have been been as troubling for the right to privacy as uncovering the scope of the Five Eyes alliance. The intelligence club made up of Australia, Canada, New Zealand, the United Kingdom and the United States has integrated its collection efforts, staff, bases, and analysis programs. Yet the legal rulebook governing how the agencies ensure the most comprehensive joint surveillance effort in the history of mankind remains secret.
The little that is known suggests a…
Content type: News & Analysis
Privacy International, Bytes for All and other human rights groups are celebrating a major victory against the Five Eyes today as the UK surveillance tribunal rules that GCHQ acted unlawfully in accessing millions of private communications collected by the NSA up until December 2014.
Today’s judgement represents a monumental leap forward in efforts to make intelligence agencies such as GCHQ and NSA accountable to the millions of individuals whose privacy they have violated.
The…
Content type: Press release
British intelligence services acted unlawfully in accessing millions of people’s personal communications collected by the NSA, the Investigatory Powers Tribunal ruled today. The decision marks the first time that the Tribunal, the only UK court empowered to oversee GHCQ, MI5 and MI6, has ever ruled against the intelligence and security services in its 15 year history.
The Tribunal declared that intelligence sharing between the United States and the…
Content type: News & Analysis
Intelligence sharing agreements can be open and transparent. In fact, the Five Eyes have already disclosed information sharing agreements that relate to key international law enforcement and national security measures.
They’re called mutual legal assistance treaties, or MLATs, and they’ve existed between the Five Eyes, excluding New Zealand, for decades. MLATs define the scope of cooperation between States in criminal investigations: States share sensitive information in criminal…