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Content type: Long Read
The fourth edition of PI’s Guide to International Law and Surveillance provides the most hard-hitting past and recent results on international human rights law that reinforce the core human rights principles and standards on surveillance. We hope that it will continue helping researchers, activists, journalists, policymakers, and anyone else working on these issues.The new edition includes, among others, entries on (extra)territorial jurisdiction in surveillance, surveillance of public…
Content type: Report
First published in 2017, PI’s Guide to International Law and Surveillance is an attempt to collate relevant excerpts from these judgments and reports into a single principled guide that will be regularly updated. This is the fourth edition of the Guide. It has been updated it to reflect the most relevant legal developments until March 2024.The Guide aspires to be a handy reference tool for anyone engaging in campaigning, advocacy, and scholarly research, on these issues. The fourth…
Content type: Advocacy
Privacy International had suggested the Human Rights Committee consider the following recommendations for the UK government:Review and reform the IPA 2016 to ensure its compliance with Article 17 of the ICCPR, including by removing the powers of bulk surveillance;Abandon efforts to undermine the limited safeguards of the IPA 2016 through the proposed Investigatory Powers Amendment Bill;Refrain from taking any measures that undermine or limit the availability of encrypted communications or other…
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: 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: Advocacy
On 6th October 2023, we submitted our comments on the Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill (the Rica Bill), published in Government Gazette 49189, August 25th, 2023, in response to a call for comments issued by the Portfolio Committee on Justice and Correctional Services – a committee of the Parliament of South Africa responsible for overseeing responsible the Department of Justice and Constitutional Development.
In our…
Content type: Advocacy
On the 17 January 2023, the UK Home Secretary appointed Lord David Anderson KBE KC to carry out an independent review of the Investigatory Powers Act 2016.The Investigatory Powers Act 2016 provides a legal framework for the use of investigatory powers by the UK security and intelligence agencies, law enforcement and other relevant public bodies. These powers include the interception of communications; the retention and acquisition of communications data and; equipment interference for obtaining…
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: 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
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: Video
This case was made possible because of Edward Snowden’s disclosures in 2013, and through the combined work of Big Brother Watch, American Civil Liberties Union, Amnesty International, Bytes for All, Canadian Civil Liberties Association, Egyptian Initiative for Personal Rights, Hungarian Civil Liberties Union, Irish Council for Civil Liberties, Legal Resources Centre and Liberty.
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: Video
On 6 February 2021, the Constitutional Court of South Africa in a historic judgment declared unconstitutional years of secret and unchecked surveillance by South African authorities against millions of people - irrespective of whether they reside in South Africa.
The Court powerfully placed the judgment in historical context:
The constitutionally protected right to privacy seeks to be one of the guarantees that South Africa will not again act like the police state that it was under apartheid…
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
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: 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: 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: 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 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: Long Read
Written by: Centre for Internet and Society
This guest piece was written by representatives of the Centre for Internet and Society (CIS). It does not necessarily reflect the views or position of Privacy International.
Introduction
As part of the State of the Surveillance project, CIS conducted a review of surveillance law, policy, projects, and trends in India. Below we provide a snap shot of key legal provisions governing surveillance in India and touch on…
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: News & Analysis
The French Government unveiled a new Bill that aims at providing a legal framework to intelligence services last Friday. While Privacy International welcomes the positive step of placing powers that were until now poorly regulated under the law, we remain alarmed by many aspects of this Bill. Two months after the deadly terrorist attacks in Paris that targeted the satirical weekly Charlie Hebdo and a Kosher supermarket, the Government seeks to provide the intelligence services with a…
Content type: Long Read
Many people imagine intelligence sharing to be a practice whereby men in trench coats silently slide manilla envelopes containing anonymous tip-offs or intelligence reports marked TOP SECRET across tables in smoke-filled rooms.
While such practices certainly exist, they represent only a tiny slice of intelligence sharing activities, and are vastly overshadowed by the massive exchange of bulk unanlysed (raw) intelligence data that takes place between the UK and its Five Eyes allies.…
Content type: Press release
The ruling today from the European Court of Justice, invalidating the European Union’s 2006 Data Retention Directive policy, was strong and unequivocal: the right to privacy provides a fundamental barrier between the individual and powerful institutions, and laws allowing for indiscriminate, blanket retention on this scale are completely unacceptable.
As the Court states, it is not, and never was, proportionate to spy on the entire population of Europe. The types of data retained under this…
Content type: Press release
In response to the ruling against David Miranda over his detention at Heathrow, Privacy International Executive Director Dr. Gus Hosein said:
Schedule 7 of the Terrorism Act of 2000 is a law intended to fight terrorism, and was not drafted to target people like David Miranda. In this instance however the government used it to seize the devices of journalists to intimidate and obstruct the reporting of mass and unlawful surveillance practices of the British government. To equate journalism…
Content type: Press release
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 Germany emerged on November 21 relatively undamaged, despite efforts by the …
Content type: Long Read
Privacy International filed formal complaints with the Organisation for Economic Cooperation and Development (OECD) in the UK against some of the world’s leading telecommunication companies, for providing assistance to British spy agency GCHQ in the mass interception of internet and telephone traffic passing through undersea fibre optic cables.
According to recent reports, BT, Verizon Enterprise, Vodafone Cable, Viatel, Level 3, and Interoute granted access to their fibre optic…
Content type: Press release
Privacy International welcomes the resolution introduced on Friday by Germany and Brazil to the UN General Assembly, affirming the international human right to privacy and its essential nature to the realization of other rights, and condemning mass State surveillance of individuals around the world.
Should the resolution be adopted, it will be the first major statement by a UN body on privacy in 25 years, since General Comment 16 in 1988 by the Human Rights Committee. It is also the first…
Content type: Press release
Civil society organisations today called upon the members of the Human Rights Council to assess whether national surveillance laws and activities are in line with their international human rights obligations.
The Snowden revelations have confirmed that governments worldwide continue to expand their spying capabilities, at home and abroad. Widespread surveillance is being conducted in violation of individuals’ rights to privacy and free expression, and is seldom regulated by strong legal…