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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's response to the call of submissions of the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association on the tools and guidelines which may assist law enforcement in promoting and protecting human rights in the context of peaceful protests. The Special Rapporteur's report will be presented at the 55th session of the UN Human Rights Council.While PI recognises the role of law enforcement can play in facilitating the enjoyment of freedom of…
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
Privacy International (PI), the European Center for Not-for-Profit Law (ECNL), International Network of Civil Liberties Organizations (INCLO), Agora, the Canadian Civil Liberties Association, Centro de Estudios Legales y Sociales in Argentina, the Irish Council for Civil Liberties, KontraS in Indonesia, the Legal Resources Center in South Africa, and Liberty in the UK welcome the opportunity to provide input to the global study of the UN Special Rapporteur on the promotion and protection of…
Content type: Press release
In a landmark judgment, handed down today (Monday 30 January 2023), the Investigatory Powers Tribunal have found that there were “very serious failings” at the highest levels of MI5 to comply with privacy safeguards from as early as 2014, and that successive Home Secretaries did not to enquire into or resolve these long-standing rule-breaking despite obvious red flags.
Human rights organisations Liberty and Privacy International, who brought this significant legal case in January 2020, have…
Content type: Report
In the months following the beginning of the Covid-19 pandemic, more than half the world’s countries enacted emergency measures. With these measures came an increase in executive powers, a suspension of the rule of law, and an upsurge in security protocols – with subsequent impacts on fundamental human rights. Within this broader context, we have seen a rapid and unprecedented scaling up of governments’ use of technologies to enable widespread surveillance. Surveillance technologies exacerbated…
Content type: Long Read
The defense and protection of the environment continues to come at a high cost for activists and human rights defenders. In 2021, the murders of environment and land defenders hit a record high. This year, a report by Global Witness found that more than 1,700 environmental activists have been murdered in the past decade.
While the issue of surveillance of human rights defenders has received attention, evidence of the surveillance of environmental activists keeps mounting, with recent examples…
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: News & Analysis
The UK government has acknowledged that section 8(4) of the Regulation of Investigatory Powers Act (“RIPA”) (which has since been repealed) violated Articles 8 and 10 of the European Convention on Human Rights (ECHR). In relation to Article 10, it specifically acknowledged that the way in which security agencies handled confidential journalistic material violated fundamental rights protected by Article 10.
As part of a friendly settlement with two applicants, the UK government acknowledged…
Content type: Advocacy
En mai 2021, nous avons fait une soumission pour la 132ème session du Comité des droits de l’homme qui a eu lieu entre le 28 juin 2021 et le 23 juillet 2021 en relation avec la conformité de la France avec le Pacte international relatif aux droits civils et politiques (PIDCP) avant l’adoption de la liste de points à traiter avant présentation de rapports (LoIPR).
Nous avons appelé le Comité des droits de l’homme de l’ONU à inclure dans la liste des questions au gouvernement français les points…
Content type: Advocacy
On May 2021, we made a submission for the 132nd Session of the Human Rights Committee that took place between 28 June 2021 and 23 July 2021 in relation to France’s compliance with the International Covenant on Civil and Political Rights (ICCPR) before the adoption of the List of issues prior to reporting (LoIPR).
We called the UN Human Rights Committee to include in the list of issues to the French government the following:
Emergency measures taken in response to the Covid-19 pandemic, and…
Content type: News & Analysis
Around the world, we see migration authorities use technology to analyse the devices of asylum seekers. The UK via the Policing Bill includes immigration officers amongst those who can exercise powers to extract information from electronic devices. There are two overarching reasons why this is problematic:
The sole provision in the Policing Bill to extract information rests on voluntary provision and agreement, which fails to account for the power imbalance between individual and state. This…
Content type: News & Analysis
It is difficult to imagine a more intrusive invasion of privacy than the search of a personal or home computer ... when connected to the internet, computers serve as portals to an almost infinite amount of information that is shared between different users and is stored almost anywhere in the world.
R v Vu 2013 SCC 60, [2013] 3 SCR 657 at [40] and [41].
The controversial Police Crime Sentencing and Courts Bill includes provision for extracting data from electronic devices.
The Bill…
Content type: Long Read
This is based on UK data protection legislation. The UK’s General Data Protection Regulation (UK GDPR) does not apply to processing of personal data for law enforcement purposes by relevant authorities.
What can happen to my personal data at a peaceful protest?
The most common personal data processed at a protest are notes and photographs taken by police officers, along with voice and video recordings taken from body-worn cameras or drones.
Data processing can also happen with…
Content type: Long Read
Photographing or filming incidents involving police and protestors is an important way of holding the police to account for their actions. Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel.[1]
Can the police stop and search me for filming or taking photographs?
The police have the discretion to ask you to move back if they think you are interfering with…
Content type: Examples
While traditional media sought to criminalize the widespread November 2020 protests in Peru following the Congressional ouster of President Vizcarra, witnesses disseminated videos and photographs of police abuse on social networks. In the fear and uncertainty, many myths also circulated. In Peru, citizens have the right to refuse to allow police to check their cellphones unless they have a court order; slowed or absent wireless connections may simply be due to overload; as public officials,…
Content type: Examples
In 2019 Hong Kong protesters cut down 20 of the city's smart lampposts, which are streetlights equipped with sensors and cameras, in order to counter the threat that they were vectors for surveillance technologies such as facial and licence plate recognition. TickTack Technology, which provided the lampposts, terminated its contract with the Hong Kong government because of the property damage and threats to its employees. Protesters uploaded pictures of the lampposts' inner workings to Facebook…
Content type: Examples
US Customs and Border Protection Data show that the Department of Homeland Security deployed helicopters, airplanes, and drones over 15 cities, including New York City, Buffalo, Dayton OH, and Philadelphia, where demonstrators assembled to protest the killing of George Floyd and collected at least 270 hours of video surveillance footage. That deployment, which sparked a congressional inquiry, was only part of a nationwide operation that repurposed resources usually sent to the US border to find…
Content type: Examples
According to records obtained under a freedom of information request, the San Francisco Police Department used the camera network belonging to downtown Union Square Improvement District to spy on protesters during the end of May and early June 2020. The high-definition cameras, manufactured by Motorola brand Avigilon, can zoom in on a person's face and are linked to a software analysis system. Motorola is expanding its tool lineup to make it easier for police to gain access to private cameras…
Content type: Examples
Over 2020, EFF supported the right to protest without being surveilled by bringing lawsuits, offering protesters legal support, teaching protesters surveillance self-defence, and providing tools for people on the ground to use to determine what equipment their local police departments are using to spy on activists. Via public records requests, EFF discovered that the San Francisco Police Department gained access to over 400 cameras belonging to the Union Square Business Improvement District to…
Content type: Examples
When Dallas police posted on Twitter asking for videos of the protests taking place after George Floyd's killing, a flood of videos and images of K-pop stars were uploaded to its anonymous iWatch Dallas tip-off app. Law enforcement can call on vast numbers of networked cameras - from cars, food and retail chains that are typically willing to share with police, law enforcement agencies' own networks of surveillance and body cameras as well as object and face recognition software, protesters and…
Content type: Examples
Despite having promised in 2016 not to facilitate domestic surveillance, the AI startup Dataminr used its firehose access to Twitter to alert law enforcement to social media posts with the latest whereabouts and actions of demonstrators involved in the protests following the killing of George Floyd. Dataminr's investors include the CIA and, previously, Twitter itself. Twitter's terms of service ban software developers from tracking or monitoring protest events. Some alerts were sourced from…
Content type: Examples
New data emerged in January 2021 to show that the National Guard deployment of more than 43,350 troops during the nationwide demonstrations following the killing of George Floyd was far more extensive than had been realised, and far greater than the 6,200 troops deployed at the Capitol during the forewarned insurrection. At least 20 military surveillance and reconnaissance helicopters flew over protests in Philadelphia, Minneapolis, Atlanta, and Washington DC, raising concerns about the data…
Content type: Examples
Human rights activists and Democratic members of the US Congress wrote to top law enforcement officials in the Trump administration to demand they cease surveilling Americans engaging in peaceful protests. Trump and others in his administration called those protesting the killing of George Floyd "domestic terrorists" and "anarchists". Recent efforts to surveil Americans have included facial recognition, automated licence plate readers, and Stingrays, as well as spy planes and drones.
https://…
Content type: Examples
During the Black Lives Matter protests of summer 2020, US police took advantage of a lack of regulation and new technologies to expand the scope of people and platforms they monitor; details typically emerge through lawsuits, public records disclosures, and stories released by police department PR as crime prevention successes. A report from the Brennan Center for Justice highlights New York Police Department threats to privacy, freedom of expression, and due process and the use of a predator…
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: Press release
The Grand Chamber of the European Court of Human Rights has today ruled that UK mass surveillance laws violate the rights to privacy and freedom of expression.
It found that:
The UK’s historical bulk interception regime violated the right to privacy protected by Article 8 of the European Convention on Human Rights and freedom of expression, protected by Article 10. Particularly it found that:
the absence of independent authorisation,
the failure to include the categories of selectors…
Content type: Explainer
What is social media monitoring?
Social media monitoring refers to the monitoring, gathering and analysis of information shared on social media platforms, such as Facebook, Twitter, Instagram and Reddit.
It may include snooping on content posted to public or private groups or pages. It may also involve “scraping” – grabbing all the data from a social media platform, including content you post and data about your behaviour (such as what you like and share).
Through scraping and other tools…
Content type: Explainer
What are my 'unique identifiers' and where are they stored?
Your phone and your SIM card contain unique identifiers about you, which can be accessed by the police to identify you.
The IMSI (International Mobile Subscriber Identity) is a unique number associated with your SIM card. It doesn't change, even if you put the SIM card into a different phone.
If you have a mobile phone subscription, the IMSI will be associated with personal information such as your name and address.
The IMEI (…